being evicted by ex landlord he got the right ?

[ghost13]

i have been given a solicitors notice of eviction letter from the so called landlord today - which i been told he didnt pay mortgage so the mortgage brokers have been getting the rent for the past 3 years or so and i was told i was on a rolling tenancy and all the repairs are being done from the mortgage brokers end does the ex landlord have the right to evict me ???????

[New_Age_Biker]

Re: being evicted by ex landlord he got the right ?

your local counil will have advisors who can check what has been going on & the terms of your tenancy.
In the normal course of events you rent from a landlord.
Once the initial period of the tenancy has passed you go onto a rolloing tenancy
if the landlord wants you out he gives you a S21 notice.
yhis notice has to be word perfect & it gives you 8 weeks notice to quit
If you do not move out he then applies to the courts for a posession order which means baliffs can be used to remove you.

I can't follow the story about the landlord / mortgage broker.
Do you pay your rent to a letting agent who may be administering the property on behalf of the property owner?

[ghost13]

Re: being evicted by ex landlord he got the right ?

i have only been paying rent to the mortgage brokers passed 3 years ( never ever missed a payment ) and they said i got a rolling tenancy as long as i pay them then i can stay

i have a disabled child so they got to rehouse me aint they ???

and the best part is the ex landlord con me out of over 2 thousand pounds and he was so dumb in enough to give me receipt i will counter hes eviction on that receiving monies under fraudulent deception or something like that as i have all the evidence i need to do that

[Hurricane Puffrose]

Re: being evicted by ex landlord he got the right ?

have you asked the brokers if they are aware of the eviction notice?

[ghost13]

Re: being evicted by ex landlord he got the right ?

they sent the 1st letter to their solicitors and aint heard anything since just been told solicitor dealing with it

now im getting more confused then ever who my actual landlord is
im a single mum too which with disabled child and another with learning problems
as you can probably guess get really depressed but now i got my legal head on with this and determine to finalise the issue once and for all

i was even thinking of asking dom from dont get done get dom to help thats how desperate i am to keep roof over my kids head

[enaid]

Re: being evicted by ex landlord he got the right ?

Hi ghost,
Not a nice situation your in I can see that and very confusing.
I think you would be better off phoning Shelter Shelter England - The housing and homelessness charity
Explain everything to them as to how you pay your rent and who to, they have the legal knowledge for all situations of this manner and will if the worst comes to the worst help you to be rehoused.
Enaid x

[ghost13]

Re: being evicted by ex landlord he got the right ?

i have contacted them and they said i need to get the local housing people to help me and they just said i had to bid on a house thats what i been doing but no joy

[enaid]

Re: being evicted by ex landlord he got the right ?

Well your registered with your local housing authority and are in the bidding system?
I would imagine with being a single parent and 1 disabled child and another child you will be in the top band for bidding. Have you any idea why you are being refused or out bidded on any of the houses?

[Hurricane Puffrose]

Re: being evicted by ex landlord he got the right ?

hmm it seems to be a complicated situation hun.

I can understand the worries of keeping a head over your kids heads, im a mam myself, but for us to help you more we are going to need a little more information. I know it seems you are going over and over this, but there might be a tiny detail we can work on.

Can you tell us the whole story hun?

no one here is going to judge you, we all want to help. When i first posted i was terrified but now im proud to call the people here friends.

[Sapphire]

Re: being evicted by ex landlord he got the right ?

Can you please let us know what benefits you're receiving please, and are you getting anything for disabled child ?

[ghost13]

Re: being evicted by ex landlord he got the right ?

i get income support child tax credit and dla carer housing benefit think thats it

[SpringerSpaniel]

Re: being evicted by ex landlord he got the right ?

My understanding is that the landlord has defaulted on HIS mortgage and that the mortgage lenders are administering the property and have allowed you to stay on a periodic tenancy.

Who the tenancy is with will depend on whether the property has formally been repossesed by the lender, in which case it is for them and not the former landlord to give ntice, and notice form the former landlord is likley to be defective (invalid), or whether he still technically owns the property but has been in an informal arrangement with his lender and now wants to change matters eg to sell the house. A land registry search would help clear this up.

My view is that you need specialist legal advice, either to find a solicitor who does a free initial interview, or at least to go to a law centre (who will be used to dealing with housing problems) - Law Centres.

I would suggest you take a 2-pronged attack, both to try to get re-housed via your local authority AND to resist the possession proceedings, so that you can stay where you are for longer, and you can have more options.

If you have received possession proceedings from the court, and cannot quickly obtain in depth legal advice, send the claim form back to the court indicating that you intend to resist the claim as you are not convinced the possession notice is valid given the doubts as to who now owns the property.

It may also be worth going to see your MP and/or your ward councillor to get them to put pressure on the council to re-house you, given your family situation and the effect on your health.

[ghost13]

Re: being evicted by ex landlord he got the right ?

thanks everyone for your help in my distressing matter im in i have sent a copy of the eviction letter to the mortgage brokers who im paying rent to and see what happens next with that when i called i asked for written conformation that they are the landlord and not the other person and still waiting going to ring them and find out what on earth is going on
will hunt about on the links you all gave me i will let you all know how im getting on

thanks again all

[SpringerSpaniel]

Re: being evicted by ex landlord he got the right ?

Ghost13, if court proceedings have been issued, do copy the Court where the matter is listed with this letter, and do return any claim forms you receive saying that you will be defending the case. This buys you time and stops the other side getting judgement in default against you.

[ghost13]

Re: being evicted by ex landlord he got the right ?

update on my situation
the mortgage broker is ignoring my calls and refuse to call me back when i leave untold messages now what do i do if he wont even talk to me ????????????
i need him to give me written confirmation that they are my landlord and if i write a letter there no garentee (sorry cant spell that ) he gonna just bin my letter