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Re: Tenant Eviction Unpaid Mortgage
If the Eviction Warrant was suspended then you will get a new date in a letter from the court if it is re-instated. Keep your eye on the post.
Yes you're right the Landlord cannot evict you as a Tenant (as opposed to his lender evicting *him* and any other occupier for mortgage arrears) unless he serves you with a section 21 Notice first. This must give you two months' notice starting from the rent due date. So if your next rent due date is 13th June and he serves the Notice by midnight on 12th June then he is entitled to seek possession of the property from 13th August. If he misses the 12th June deadline then the date moves on to 13th September and so on.
In order to get possession he will have to make an application to the court and you will be given a hearing date (say one month after that). If the court grant a possession order (which they will because there is no defence to section 21) then you can still remain in situ because your Landlord can't personally throw you out of the house. He would have to make a further application to the court to evict you which as you can see can take another 6 - 8 weeks to come to fruition.
As for his complaint to the FOS I doubt this is anything to celebrate just yet. It may mean the lender agrees not to evict *him* until the investigation is complete which can take (and usually does) a year or more. But the FOS can't insist the lender backs off especially if he is not paying the lender the monthly mortgage because they would be prejudiced.
My view? He's playing with fire. Hang on in until you've had your money's worth (your deposit used up as rent) on 13th August. After that anything else is a bonus but keep your suitcase packed and ready by the door for bailiffs who will inevitably come to evict either *him* or you.
Originally posted by mindful
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Yes you're right the Landlord cannot evict you as a Tenant (as opposed to his lender evicting *him* and any other occupier for mortgage arrears) unless he serves you with a section 21 Notice first. This must give you two months' notice starting from the rent due date. So if your next rent due date is 13th June and he serves the Notice by midnight on 12th June then he is entitled to seek possession of the property from 13th August. If he misses the 12th June deadline then the date moves on to 13th September and so on.
In order to get possession he will have to make an application to the court and you will be given a hearing date (say one month after that). If the court grant a possession order (which they will because there is no defence to section 21) then you can still remain in situ because your Landlord can't personally throw you out of the house. He would have to make a further application to the court to evict you which as you can see can take another 6 - 8 weeks to come to fruition.
As for his complaint to the FOS I doubt this is anything to celebrate just yet. It may mean the lender agrees not to evict *him* until the investigation is complete which can take (and usually does) a year or more. But the FOS can't insist the lender backs off especially if he is not paying the lender the monthly mortgage because they would be prejudiced.
My view? He's playing with fire. Hang on in until you've had your money's worth (your deposit used up as rent) on 13th August. After that anything else is a bonus but keep your suitcase packed and ready by the door for bailiffs who will inevitably come to evict either *him* or you.
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