Tenant Eviction Unpaid Mortgage

[mindful]

Hiya I'm new here so please bare with me!

Could anybody kindly advise me on the following

I am a tenant with a landlord who has not been paying his mortgage.

Two letters came yesterday one addressed to the landlord the other addressed to the Occupier/Tenant from the landlords mortgage company solicitors.

They are advising that the court will now be writing direct giving a time and date for an eviction.

Now I know from last year when this happened (the landlord managed to put a stop to) that a judgement has already been passed back in 2010 so am thinking the next letter will only give me a matter of weeks before eviction date.

My question is - if I stand my ground the best I can on eviction day am I correct in thinking that it would have to go back to court to get my name on the eviction notice in order to proceed???

Trying to bide my time as paid a years rent in advance!

Story in full

End of June 2012 I paid a landlord 12 months upfront rent plus 2 months damage deposit. Total of £18,000...... I know, I know

After a couple of weeks I realised I had done a wrong 'un!! what with bailiffs and debt collectors at the door!!

Received notice of eviction end of last year and the landlord somehow talked the mortgage co round but from my understanding of paperwork seen - a judgement was made back in 2010 therefore at the time I was given just 4 weeks notice.

Landlord has told me that his mortgage company does NOT know he is renting out!

Because of this I believe my rights as a tenant change?

After discussing concerns with the landlord in particular with regards the damage deposit. I now have it in writing from him that I can stay an extra 2 months past tenancy agreement taking me to the end of August.

Not that I want to stay - just want my money back!

Recently more demanding mortgage letters and landlord started to ask me for more money to help pay his mortgage. I refused and suggested he put the house up for sale which he did but keeps refusing offers. I have been told that if he accepts an offer it puts a hold on any eviction - so I don't know what he is playing at!

So as of yet no eviction notice but expecting it next week so just trying to think ahead.

Can I be evicted if I'm not the house owner and they don't know my name? Doesn't my name have to be on the eviction notice or does that all change because landlord hasn't told anyone that I'm here?

So many questions and I don't know where to turn

[leclerc]

Re: Tenant Eviction Unpaid Mortgage

Move out to be blunt.

[mindful]

Re: Tenant Eviction Unpaid Mortgage

Nice reply! So how do I recoup my monies??

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

Move out to be blunt.

Why should the OP move out of his home when he may have the legal right to stay


It seems that your Landlord has advised you correctly that you can stay in the property until the end of August The lender can't evict you before your current 12 month tenancy agreement (which began in June 2012) expires plus two further months. Read about your legal rights on Shelter's website:

http://england.shelter.org.uk/get_ad...ndlords_lender

You've paid 12 months' rent and a deposit equal to two months' rent so I can't see why you feel you are due any money back from your Landlord because you've not suffered any financial loss. Your Landlord always had the right to take back possession of the property at the end of the initial fixed term contract (end of June 2013) whether it was about to be repossessed or whether he wanted to set fire to it. Your time was always going to be up at the end of June :clock: If you stay until the end of August then your deposit money will be 'used up' as rent for that further two month period. I see no reason why you should occupy the property free of charge. I also can't see any reason why he should release you from your legal contract (AST) early and give you back any rent you've quite properly paid under the terms of that contract.

If you've already received an eviction notice from the court call Shelter's Free Advice Helpline for information on how to get it stopped on 0808 800 444. I expect they will advise you to contact the Landlord's lender (named on the Eviction Notice) to get the Warrant withdrawn, or if that fails then you can contact the Warrant Office at the court direct. Don't rely on your name not being on the Warrant as a technical excuse for staying put because that can easily be remedied by checking the electoral roll and then adding it subsequently

[mindful]

Re: Tenant Eviction Unpaid Mortgage

Why should the OP move out of his home when he may have the legal right to stay


It seems that your Landlord has advised you correctly that you can stay in the property until the end of August The lender can't evict you before your current 12 month tenancy agreement (which began in June 2012) expires plus two further months. Read about your legal rights on Shelter's website:

http://england.shelter.org.uk/get_ad...ndlords_lender

You've paid 12 months' rent and a deposit equal to two months' rent so I can't see why you feel you are due any money back from your Landlord because you've not suffered any financial loss. Your Landlord always had the right to take back possession of the property at the end of the initial fixed term contract (end of June 2013) whether it was about to be repossessed or whether he wanted to set fire to it. Your time was always going to be up at the end of June :clock: If you stay until the end of August then your deposit money will be 'used up' as rent for that further two month period. I see no reason why you should occupy the property free of charge. I also can't see any reason why he should release you from your legal contract (AST) early and give you back any rent you've quite properly paid under the terms of that contract.

If you've already received an eviction notice from the court call Shelter's Free Advice Helpline for information on how to get it stopped on 0808 800 444. I expect they will advise you to contact the Landlord's lender (named on the Eviction Notice) to get the Warrant withdrawn, or if that fails then you can contact the Warrant Office at the court direct. Don't rely on your name not being on the Warrant as a technical excuse for staying put because that can easily be remedied by checking the electoral roll and then adding it subsequently

Thank you Plan B

always like a plan B. What a TOP answer!

Due to go out so will get back to you tomorrow. Kudos from me for sure and thank you

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

Thank you Plan B

always like a plan B. What a TOP answer!

Due to go out so will get back to you tomorrow. Kudos from me for sure and thank you

You're welcome :yo:

Something else to think about is whether the lender would be prepared to keep you on as a tenant if you pay the rent direct to them This is often an option. Who is the lender because they can vary in their approach?

I have to go out now too. :bolt:

[leclerc]

Re: Tenant Eviction Unpaid Mortgage

Hiya I'm new here so please bare with me!

Could anybody kindly advise me on the following

I am a tenant with a landlord who has not been paying his mortgage.

Two letters came yesterday one addressed to the landlord the other addressed to the Occupier/Tenant from the landlords mortgage company solicitors.

They are advising that the court will now be writing direct giving a time and date for an eviction.

Now I know from last year when this happened (the landlord managed to put a stop to) that a judgement has already been passed back in 2010 so am thinking the next letter will only give me a matter of weeks before eviction date.

My question is - if I stand my ground the best I can on eviction day am I correct in thinking that it would have to go back to court to get my name on the eviction notice in order to proceed???

Trying to bide my time as paid a years rent in advance!

Story in full

End of June 2012 I paid a landlord 12 months upfront rent plus 2 months damage deposit. Total of £18,000...... I know, I know

After a couple of weeks I realised I had done a wrong 'un!! what with bailiffs and debt collectors at the door!!

Received notice of eviction end of last year and the landlord somehow talked the mortgage co round but from my understanding of paperwork seen - a judgement was made back in 2010 therefore at the time I was given just 4 weeks notice.

Landlord has told me that his mortgage company does NOT know he is renting out!

Because of this I believe my rights as a tenant change?

After discussing concerns with the landlord in particular with regards the damage deposit. I now have it in writing from him that I can stay an extra 2 months past tenancy agreement taking me to the end of August.

Not that I want to stay - just want my money back!

Recently more demanding mortgage letters and landlord started to ask me for more money to help pay his mortgage. I refused and suggested he put the house up for sale which he did but keeps refusing offers. I have been told that if he accepts an offer it puts a hold on any eviction - so I don't know what he is playing at!

So as of yet no eviction notice but expecting it next week so just trying to think ahead.

Can I be evicted if I'm not the house owner and they don't know my name? Doesn't my name have to be on the eviction notice or does that all change because landlord hasn't told anyone that I'm here?

So many questions and I don't know where to turn

I repeat move out. Plan B's link again appears to support that viewpoint:


"Is the tenancy binding on the landlord's lender?

Most tenancies are not binding on the landlord’s lender but you may have a binding tenancy if:

• your landlord had a buy-to-let mortgage You have said in the bit in bold that he does not.
• the lender gave permission for the landlord to grant the tenancy You have said that above.
• the landlord's lender has recognised the tenancy in some way – eg by asking you to pay rent direct to them or by accepting rent from you (although it does not count if this arrangement was made as part of an agreement to delay the date of possession for a non-binding tenancy – see below) Does not apply..
• you were already living in the property at the time the mortgage was granted Nope you have not said that it applies
• the property was sold to the current landlord after your tenancy started. does not apply.....

If you are unsure about when your landlord's mortgage started, you can ask the landlord or the lender to confirm this. You can also search for this information on theLand Registry website, although you will have to pay a £4 fee for this."



Plan B did you read post 1 and did you view the link to shelter? I did and I am afraid that whether you like it or not move out. As to your money, sue the landlord for the money because he has effectively mislead you into an unlawful tenancy which I assume means that your deposit is not protected in a depository scheme.

[leclerc]

Re: Tenant Eviction Unpaid Mortgage

However, "Lenders are often unaware that a property has been rented out to tenants, so in the past it was common for the lender to instruct the court bailiffs to repossess the property before the tenants were even aware that there was a problem.However, most tenants should now become aware of the problem earlier. More importantly, you can now apply for the eviction to be postponed for up to two months if you need more time to find somewhere else to live."

So you have two months to move out

[leclerc]

Re: Tenant Eviction Unpaid Mortgage

You will need to file an N244 because that first letter you have received means that court action is due within a week of that notice. It's in the Shelter link under asking the court for a postponement. It means that you have to provide a copy of your tenancy agreement if one exists(and I hope it does) and proof of rent payments so bank statement with the yearly rent paid in advance.

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

Plan B did you read post 1 and did you view the link to shelter? I did and I am afraid that whether you like it or not move out. As to your money, sue the landlord for the money because he has effectively mislead you into an unlawful tenancy which I assume means that your deposit is not protected in a depository scheme.

Yes I did leclerc. And I will respond to your rude post in a PM to avoid an undignified row on a public forum :argue:

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

Now I know from last year when this happened (the landlord managed to put a stop to) that a judgement has already been passed back in 2010. . . . . Received notice of eviction end of last year and the landlord somehow talked the mortgage co round but from my understanding of paperwork seen - a judgement was made back in 2010 therefore at the time I was given just 4 weeks notice. . . .

. . . . I refused and suggested he put the house up for sale which he did but keeps refusing offers. I have been told that if he accepts an offer it puts a hold on any eviction

The solicitor has advised you to expect a Notice of Eviction (N54 Form) from the court. When that arrives you can apply for a stay of the Warrant for 2 months as has been said. On receipt of your application the court will list a hearing date which will be typically 6 - 8 weeks away depending on the queue at your local county court. At the hearing you should be given 2 months stay of the eviction (fingers crossed!). So all in all the eviction date could be postponed by 4 months which will take you until the end of August (which is beyond the end of your tenancy agreement as I have said )

What is the paperwork which you say you have seen when this happened last year? How was the process stopped last time? Did you contact the lender when this happened so that they know you are a tenant on an AST with or without permission. I suggest you take legal advice next. A lender can choose to delay an eviction if it wants.

I'm guessing your Landlord has a suspended possession order on condition he pays the monthly mortgage repayment and something towards his arrears. If the property is on the market and he has an offer then your Landlord can apply to the court for a stay of that possession order. He is correct when he says that if he's successful this will prevent any eviction. Because that's what seems to have happened last year. If he's dodged that bullet once he may be able to dodge it again

If you move out prematurely (i.e. before your AST expires in two months) I would say you've a hell's chance of recovering any money from him through the courts even if you get a CCJ because you can't get blood out of a stone. If he had any money he'd be paying his mortgage wouldn't he :doh: I'm not convinced your tenancy agreement is "unlawful" unless there is a specific clause in it which says the Landlord has the lender's permission to rent the property. And if you're not evicted before your AST expires I fear you have no rent to claim back anyway only your deposit (see next post).

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

. . . tenancy which I assume means that your deposit is not protected in a depository scheme.

Here is how you can check whether your deposit has been protected (you should have been given the prescribed information at the time). If it was you ought to be able to recover the £1,800 from the scheme. Bare in mind that if you vacate the property after the end of June the Landlord may be able to justify deducting any rent due from the deposit. You were expecting to move out at the end of June (in two months' time) when your tenancy agreement expires anyway, so it's only your deposit which is at risk if you don't get to remain in the property until August which has yet to be decided.

http://england.shelter.org.uk/get_ad...eposit_schemes

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

"Lenders are often unaware that a property has been rented out to tenants, so in the past it was common for the lender to instruct the court bailiffs to repossess the property before the tenants were even aware that there was a problem.However, most tenants should now become aware of the problem earlier. More importantly, you can now apply for the eviction to be postponed for up to two months if you need more time to find somewhere else to live."

So you have two months to move out

So we are in agreement that the OP will have a minimum of two months to vacate the property which happens to coincide with the end of the tenancy agreement as I said in my post # 4

[CleverClogs]

Re: Tenant Eviction Unpaid Mortgage

Yes I did leclerc. And I will respond to your rude post in a PM to avoid an undignified row on a public forum

op2:

[Inca]

Re: Tenant Eviction Unpaid Mortgage

Not that I want to stay - just want my money back!

Op wants to move out.