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lampard8888 | 23:28 Wed 03rd Dec 2008 | Law
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i have lived in my flat 3 years and i have over 2000 rent arrears i pay 660 p/m rent and for the lat 3 months ive paid 900 p/m to cover rent and arrears i really cant afford to pay it. i want to move out end of month and cant afford to pay any rent this month.my tennance ran out in june will i be allowed to stay til jan if i pay nothing what are my rights
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If you are asking whether you have a legal right to stay in a property that you are in breach of the tenancy agreement because you are not paying the rent, then the answer is no.
It is merely the goodwill of the landlord that is preventing the start of any eviction proceedings.
The answer provided to you by Buildersmate is absolutely correct. You have no legal right to remain in breach of your tenancy agreement with your landlord under these circumstances, and, although you say you are making some effort to repay the arrears by mans of some extra payments, the fact remains that your landlord may pursue the outstanding debt even though you may have left the property. The outstanding debt may be pursued by means of attachment of earnings, or by reducing your social security benefits, until the entire balance has been paid off.
I feel sorry for the landlord. If it's a private let, I bet they are in dire straits, unable to pay the mortgage!
If your tenancy ran out in June this year and you haven't signed a new agreement (is that what you meant?) then you are on a periodic tenancy and only have to give a month's notice to move out. I dont understand why you say you want to move out at the end of this month (Dec) and then talk about leaving in January?

And, actually, legally you can stay in the property until the landlord evicts you. Morally it's wrong, but thats the way the law stands at present. The landlord would need to issue you with an s21 notice and also probably an s8 notice as you are more than two months in arrears. If he hasnt started going down this route then a) he's a fool and b) it will take probably 3 months or more to evict you.

You are still liable however for the rent and arrears. I would give a month's notice now and get out or you will only have more arrears to pay back. The landlord will probably take you to Court unless you can agree a settlement figure with him.
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tanks i needed advic i was from when my girlfriend movd out so probably best to move out.if i have no tennancy agreement i can give a months notice is that correct.would it go to a county court or me to offer repayment.because obviously i wnt to pay it all back asap.
why don't you move out then contact your ex landlord and offer him a reasonable amount each month to pay off arrears?
That way you don't have to go to court for it?
Much easier all round really

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