eviction notice

[loopylou8]

My friend lives in private rented acc.when she first moved in one of the family,who has since moved out, ordered a few things from a mail order on the landlords name. the mail order company traced the landlord an as a result he got quite nasty. She paid the bill off, although not hers, but the landlord has sent her a possession order, in other words hes going to evict her. this is for 4mths time. She is devastated as she 's got 2 children,one is disabled. the reason she took this house is 'cos her mum lives across the road and she needs help. The house is immaculate,rent paid on time and generally is a good tenant. Is there anything she can do. Also the landlord owes her money for work done on the house, would she be doing wrong by withholding the rent until this debt is paid?She needs a deposit for another property.

[buildersmate]

If the property is let under a short term tenancy agreement, such agreements are typically for 6 months then extended by mutual consent. If either party wishes to terminate the agreement after the minimum period then either party may do so, giving notice. This is probably what the landlord has decided to do - he does not have to give a reason.

You will have to explain why she (and not the landlord) has paid money for 'work done on the house' before anyone on here can comment further to that, but she cannot normally withhold the rent without being in breach of the contract.

[loopylou8]

Thanks for answering so prompt. The work consisted of hanging doors,skirting boards,new stair,hall and landing carpets. Gates repaired and lots of rubbish removed. Was fed up of asking landlord as she got a disabled child and some of these repairs needed to be done because of their nature and could be dangerous if left.

[Mr Veritas]

I don't think a court would take very kindly to this family member ordering items in the Landlords name(which is fraud).
When a Tenant does work on a rented house they should ask the Landlord first(so he/she can pay for it) If the Landlord does not,the Tenant must be aware that this money may be difficult to get back if they pay for the works.

However,the fraud committed (re the catalogue) will not be outweighed (in the courts view) by any remedial work done by a Tenant on a property.
One good does not equal One bad.

[Mrs_Pegasus]

Have you established what sort of tenancy your friend has?

[bednobs]

4 months seems an extaordinarily long amount of time if she as an AST - she is lucky to be getting so much notice. Tennants can't just do work on a property and expect the landlord to pay withut first having it agreed by the landlord! for repairs and things, the andlord may well want to get his own people as if they have more tha 1 property, it will be cheaper for them. i can't really understand why she moved in in the first place if the environment was dangerous for the child.

[Mr Veritas]

As bednobs says,she is lucky to have 4 months notice of eviction.
All the law requires is 2 months on the Landlords side(if it is an AST).