Friend/Neighbour threatened with eviction

A question about : Friend/Neighbour threatened with eviction

My neighbour has had a few health issues since 2015 has begun. She discovered she was pregnant, and misscarried one twin, and has had a scare with the other - she is three months in.

She has been off sick from work since December due to the pregnancy issues and issues with her back too. Since then, she has been paid Statoury Sick Pay.

She paid December and even January's rent as she had the wages to back herself up with. She's applied for housing benefit to pay February's rent, but is waiting a decision and has been in and out of hospital.

Because of this, she has been given an eviction notice. She has 14 days to find February's rent, or she will be evicted. If I am correct (or not) it's usually a month or two?

Are our landlords breaking the law doing this or are they within our right?

Best answers:

• Has she actually been issued with an eviction notice?
  Issued by the courts?
  If so, she would have had a written notice from the LL (section 8) and court papers?
• S8 Notice for rent arrears? How much arrears?
  Or S21 Notice (no fault)? 2 months.
  Read
  * Ending/renewing a fixed term: what happens when a fixed term ends? How can a LL or tenant end a tenancy?
• She was given a letter and a call over the phone about it. They said either find the rent in 14 days or she's out on the streets.
• Read the link.
• Yes, read the link.
  But short answer is no, this 'procedure' is not legal. She will still be inside the house in 15 days, if she wants to be.
  If you read the link, you will get why we are asking the following initial questions...
  Is she in the fixed term of her tenancy still?
  How large is the overdue rent, in terms of months outstanding?
  Did she pay a deposit, and if yes, is it in a protection scheme?
• And get her to change the locks. Evicting her without the proper procedure may be illegal but some landlords try it anyway and it's a lot easier to keep them out than get back in.
• A letter asking her to get her rent up to date or they will start court proceeding is OK, telling her she is out on her ear is another matter.
  Please also speak to Shelter https://england.shelter.org.uk/get_advice/eviction
  And an answer to pop's questions would help
• The letter says pay up or go to put it bluntly, I gathered it was illegall. They are adding Ј110 on top for a leak to a washing machine which was leaking by a previous tenant!!!
• Unless there is something in her tenancy agreement stating otherwise, it is likely to be a Statutory Period Tenancy. LL has to give 2 months no fault notice or win a court case for rent arrears. That is discretionary if there are less then 2 months owing when the case goes to court.
• After 6 months there WAS a tenancy. Almost certainly a statutory periodic tenancy. Google it to understand it (seriously) but basically it is the same as the original AST but with terms relating to times adjusted to a default in law.
  So landlord, if they want to end tenancy, can either issue Section 21 notice with 2 months rental period notice, or eventually section 8 notice based on two rental periods' payments overdue.
  Only then can they go to court and ask for the court to terminate the tenancy, and even at that stage bailiffs will not arrive for some time (but you don't normally want to go that far).
  Any eviction attempt outside that process will be illegal (excluding a few rare scenarios which won't apply here)
  Obviously she should try to pay rent asap and quite possibly everything will calm down.
  If she thinks this is more than a scare to get her to pay up, agree changing lock barrels a sensible protection short term.
• Thanks for everything guys - She's trying to sort everything out, but thanks for clearing everything up. To be fair, considering the state these flats are in and the fact she had a leak in her roof and it damaged her clothes, and they didn't help towards is, they're overcharging. I'm looking at moving, as I can't afford to run it due to my partner's sudden death (and the fact he did "die" here), but the election I am involved in is stopping me.