Please help save my christmas – I have been given a section 8 eviction notice \’court proceedings will not take place before 23rd December\” | The Tenants' Voice
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Please help save my christmas - I have been given a section 8 eviction notice 'court proceedings will not take place before 23rd December"

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413 views 1 replies latest reply: 12 December 2016
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Tenant

Hi all

Would greatly appreciate some advice, or general thoughts here.

I’ll be as frank as possible.

My ex-girlfriend visited my flat on a few occasions, and was very loud/shouty etc. However, the girl next door to me in Flat 6, has been round the clock shouting at the phone or arguing with her partner through all hours of the night. I recieved a warning by letter a couple of months ago regards the noise in my flat. I did accept this as I know for a fact on a few occasions my ex was completely out of order. Fair enough. But I did point out, can you please make 100% sure that you are identifying the noise coming from my flat, as the girl next door is consistently noisy with her partner/whoever. Shouting, screaming, the lot.

Not that this will have any baring of course, but background info: my ex is an alcoholic. And she would admit that the noise in my flat was 99% her. I have never had complaints like this before and have always been a model tenant.  Since I sent that reply my ex girlfriend has left the country, so I’ve been good as gold, and have not made a peep since.

Yesterday morning I recieved a legal looking letter. To notify me that this is a section 8 eviction notice on two grounds; breach of tenancy agreement and anti-social behaviour. Everything looks standard, the comments made by the landlord verify that this is due to complaints from other occupands about my fighting with my partner.

Now, fortunately, I must have sensed I would be blamed, as I video’d the flat next door to me, during one of their all out wars a month ago. And have what I feel is excellent evidence that proves flat 6 is the main source of the noise. I have other videos as possible evidence too, if i have to go that route.

Questions:

1) do I have a leg to stand on by objecting? Afterall, I have agreed to the previous warning (though I did write that note to mention be 100% clear this is me etc).

2) the court proceedings will not being “until after 23rd December”. This is really complicated by this being christmas. Does anyone know what the timeframe might be for this? from what I gather if court agrees I can be given 2 weeks notice?? this is scarying me at this time of year.

3) it it easer for me to just be cooprorpative, and try like mad to find a new place to rent before christmas? rather then going to court. Even if I feel quite aggrieved, is it worth it, what is the best outcome?

4) could i negotiate a leaving date with the letting agent/landlord, to give me a little more time?

4) Can the landlord give me a bad reference for this? I haven’t been evicted.. yet. I have always paid my rent promptly and on time, and have been here for 3yrs or so.

5) doesn’t it seem extraordinarily ‘mean’ to serve this section 8 eviction now? I mean why does it have to be at Christmas? It’s a stressful enough time as it is.

I would really appreciate any help/advice given, as you can tell I’m not sure which way to go with this.
Many thanks

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Tenant

Hello, 

1) As the eviction notice is for anti-social behaviour, specifically excessive noise, you can argue that the person causing the noise is no longer there and that you yourself as a tenant are very well behaved. This has a good chance to get the judge on your side. 

2) Even if the court gives the landlord a possession order, they must wait for the period on the order to expire and them summon the county bailiffs. Only the bailiffs can physically enter the property and move you out.

3) Depends on how much you like the property and whether or not you can find another suitable one in less than a month. 

4) Certainly. Negotiations are always good if the other party is willing to talk. 

4) The landlord can give you whatever reference the choose to. Unfortunately for you this is completely arbitrary.

5) It’s certainly a bit excessive for a couple of noise issues, and considering the noise source is already gone. But there again, the landlord can be as mean as they want to. If the tenant’s wellbeing was a first priority for landlords and letting agents, we wouldn’t be having this forum, I guess.

My advice is try talking with the landlord and reassure them the noise has stopped permanently. Nobody wants to really go through an eviction – it’s costly, nerve-wracking and time extensive.

I hope this helps.

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