Private property renter - eviction & N244 form...

[lstacy88]

Hi there

I'm hoping someone could possibly help me?

I am a private renter (1 of 3 tenants in a property in London, all with a private tenancy agreement with the landlord). We were aware that the landlord was having disputes with a finance company in June 2016 but were assured that it was resolved - basically he took a loan out against the property in 2012, and paid the loan off but is arguing against v. high broker fees and is refusing to pay them.

However, on Wednesday, I came home to an eviction notice from the County Court, with the date for eviction set for 1 June 2017. Panic starts! I've contacted my landlord who is working with his lawyer to overcome the dispute but, understandably, I don't particularly trust him right now...

I've requested that my landlord's lawyer file the N244 form with urgency, extending the eviction date to 1 August 2017 as we have a 3 month break clause in our rental contract. But I have a few questions that I need advice on:

1) Does anyone have any knowledge on the history or likelihood of the Court accepting an extension and, if yes, is 3 months too optimistic?

2) Given the previous history with my landlord, should I consider filing an N244 myself and, if yes, can I do that myself without a lawyer?

3) Will it be detrimental if it turns out my landlord does get something done and we end up filing 2 x N244s ?!


With 5 weeks until 1 June, and 2 x bank holidays between now and then, I'm incredibly concerned. And given that I live in London, finding alternative housing in 5 weeks can be very expensive as well.


4) What are my legal rights with regards to my landlord specifically if we are evicted due to him not meeting his contractual requirements?


Any advice or suggestions would be hugely appreciated as I feel a bit in over my head, so thank you in advance.

[enaid]

Re: Private property renter - eviction & N244 form...

Tagging [MENTION=87380]Diana M[/MENTION];

[Diana M]

Re: Private property renter - eviction & N244 form...

on Wednesday, I came home to an eviction notice from the County Court, with the date for eviction set for 1 June 2017.

Who is named on the Eviction Notice? The Landlord or you (by name not The Occupier)?

Who is seeking to evict you?

Were you aware of any claim for possession of the property?

Does the court know you're living there?

From what you say it may not be the mortgage lender who has sought (and got) possession of the property if it's an argument with your Landlord's broker.

Start by reading this about binding tenancies to see if it helps you to see that you can ask the court to delay the eviction date for two months > https://england.shelter.org.uk/housi...ndlords_lender

I would also ring Shelter's free Helpline 0808 800 4444

Di

[lstacy88]

Re: Private property renter - eviction & N244 form...

Hi Di - thanks for responding. The eviction notice is named to my Landord and any occupiers. The company that are seeking to evict us are the financial company that my landlord took a loan from back in 2012 and is disputing a broker fee with.

No we weren't aware of any claim for possession until I opened the letter last week. The only other thing we've known in the past is that he had a dispute with them but apparently it had been settled.

I've looked into N244 forms but wanted to know if I can submit them as a tenant, or if my landlord / his lawyer has to submit it. And I want to know my legal rights in terms of seeking compensation from my landlord as well.

Many thanks

[suffering]

Re: Private property renter - eviction & N244 form...

Hi Istacy88 Can you just confirm who is trying to evict you. A lender has 2 options either via a LPA Receiver or with a court order. Both can be challenged by your landlord but a lender cannot just decide to evict you. Unless the loan did not allow tenants i.e a standard mortgage. your tenancy agreement how long is left.

[Crazy council]

Re: Private property renter - eviction & N244 form...

Hi

Does the landlord live at the same property as you as well, or does he live elsware. Also, if the finace co are the owners of the property now, and the LL does live elseware, you may wish to contact them, it really depends on who currently ownes it ( LL or finace co ) .

If it does end up being the finace co, they may go be prepaired to extend the date if your payments go to them, but all depends on if teh LL has formaly challanged the possesion claim

there are a number of options ytou can try rarther than challanging the eviction,