Tenant Eviction Unpaid Mortgage

[mindful]

Re: Tenant Eviction Unpaid Mortgage

I know this may sound like madness after all that the this landlord has put me through but I don't want to put the cat amongst the pidgeons so to speak.



If I make the application to the court it puts the landlords plans into jepordy with regards to not letting the mortgage co know he is renting - I believe they increase the monthly payment if this is the case?



Trying my best not to upset him! Although I truley want to rip his throat out :tinysmile_aha_t:



Being a mum here on my own I know he has a temper which I do not want to be on the end of. I'm just trying to see my time out without loosing my money.


He has told me that he has spoken to the mortgage company and that he is going to the court on Monday with an application to postpone the eviction based on the sale of his house. Also coming to see me on Monday to pick up his post and discuss this situation.



The estate agent has confirmed he has accepted an offer and a sold sign is up.


Will keep you updated



Thanks Plan B

[leclerc]

Re: Tenant Eviction Unpaid Mortgage

I think you need to follow what Plan B has said which is to put in an application for yourself since remember, it is you that are seeking more time and all you are asking for is 2 months. I'm not so sure the bank can simply put up the mortgage if he is on a fixed rate deal. If he is on a variable rate deal then clearly the rate varies but not unilaterally. Furthermore, if the house is being sold, why would the bank want to put the rent up if they are being repaid what they are owed?

Wait for Plan B to respond, but I am not so sure I believe a lot of what the landlord is saying to you verbally because there is no proof that he is actually following through on what he is planning to do and he has not stated that the bank have written to him to state that his mortgage payment would go up and even if that was the case, it is because of what he did and not you since you have prepaid rent in advance.

[FlamingParrot]

Re: Tenant Eviction Unpaid Mortgage

I know this may sound like madness after all that the this landlord has put me through but I don't want to put the cat amongst the pidgeons so to speak.

If I make the application to the court it puts the landlords plans into jepordy with regards to not letting the mortgage co know he is renting - I believe they increase the monthly payment if this is the case?

Lenders often increase the interest rate when they find out the property is being let out, some will even argue breach of contract because a residential mortgage was turned into a BLT without their permission, however, in this case, does it really matter, in view of the fact he is facing repossession anyway, and being forced to sell in a hurry to avoid it?

Trying my best not to upset him! Although I truley want to rip his throat out :tinysmile_aha_t:

Being a mum here on my own I know he has a temper which I do not want to be on the end of. I'm just trying to see my time out without loosing my money.

What money could you lose? Your deposit? Isn't it protected under the official scheme?

You have to think about you and your family rather than the landlord, he is in trouble already and not because of you, although it looks like he may be saved from repossession by the sale of the property. However, a sale is not final until contracts have been exchanged.

I'm sure our resident housing specialist Plan B :first: will be back with more thoughts later. :yo:

[CleverClogs]

Re: Tenant Eviction Unpaid Mortgage

What money could you lose? Your deposit? Isn't it protected under the official scheme?

Hasn't it already been established that the bugger is dishonest?

[mindful]

Re: Tenant Eviction Unpaid Mortgage

What money could you lose? Your deposit? Isn't it protected under the official scheme?

No it's not protected :mad2:

I did check through here

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

and when I questioned the landlord he offered for me to stay two months past the tenancy end date to cover it. That I have in writing for what it's worth now!

Can I be a "sitting" tenant??

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

I'm sure our resident housing specialist Plan B :first: will be back with more thoughts later. :yo:

So no pressure on me then :scared:

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

I'm not so sure the bank can simply put up the mortgage if he is on a fixed rate deal. If he is on a variable rate deal then clearly the rate varies but not unilaterally. Furthermore, if the house is being sold, why would the bank want to put the rent up if they are being repaid what they are owed?

Wait for Plan B to respond, but I am not so sure I believe a lot of what the landlord is saying to you verbally because there is no proof that he is actually following through on what he is planning to do and he has not stated that the bank have written to him to state that his mortgage payment would go up

Residential mortgages always contain a clause in the Ts & Cs which states you cannot sublet the property. If you do then you are vulnerable to repossession due to a breach of those Ts & Cs. The usual compromise is to ask the lender for permission and the trade off is an increase in the interest rate to cover the perceived risk :blah: :blah: :blah:

The OP has already said that the Landlord has not confessed the true situation to the lender in anticipation of any financial sanctions or possible repossession of the property

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

I know this may sound like madness after all that the this landlord has put me through but I don't want to put the cat amongst the pidgeons so to speak.

If I make the application to the court it puts the landlords plans into jepordy with regards to not letting the mortgage co know he is renting - I believe they increase the monthly payment if this is the case?

Trying my best not to upset him!

Being a mum here on my own I know he has a temper which I do not want to be on the end of. I'm just trying to see my time out without loosing my money.

He has told me that he has spoken to the mortgage company and that he is going to the court on Monday with an application to postpone the eviction based on the sale of his house. Also coming to see me on Monday to pick up his post and discuss this situation.

The estate agent has confirmed he has accepted an offer and a sold sign is up.

That seems like a sensible approach You have nearly a month before the eviction so there's still plenty of time to make your court application if you need to. I know of one eviction cancelled by the court when the bailiffs were already on their way to the house - although I don't know whether my blood pressure could cope with another one of those dramas :faint:


Give your Landlord the benefit of the doubt tomorrow. Ask him to provide you with a copy of his court application so you can call the court to check its progress behind his back hone:

Whatever happens don't pay him any more money even if he begs you :hail:

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

He has told me that he has spoken to the mortgage company and that he is going to the court on Monday with an application to postpone the eviction based on the sale of his house. Also coming to see me on Monday to pick up his post and discuss this situation.

Will keep you updated

Thanks Plan B

So what happenend when you met with your rogue Landlord :rolleyes2: Did he promise you that he had everything under control with his mortgage company and the court :juggle:


If not or he hasn't been able to back this up in writing from the lender or the court here is the form you will need to make your own application to postpone the eviction:

http://hmctsformfinder.justice.gov.u...s/n244-eng.pdf

[mindful]

Re: Tenant Eviction Unpaid Mortgage

It's been a traumatic week! I did try to post earlier with some queries I had re another poster (with regards to tenancy) pc went perculiar!!! Will get back to that asap. But... landlord "eventually" put an N244 into court last Thurs! but on the Friday he phoned me to say that the mortgage co would put the eviction on hold as long as he paid xxx amount until the property is sold. HE ASKED ME FOR THAT MONEY! My instinct is that he is trying to blackmail me. I refused to pay! From my understanding - whoever puts the N244 form in - it has to go through "procedure"? I am going to sit it out. Fight off bailiffs as an "occupier" they need my name to evict?? Landlord may pull through yet but such a scammer! PlanB - thank you xx

[mindful]

Re: Tenant Eviction Unpaid Mortgage

Plan B I have some useful information which I feel would be great for this site. I am going to post and the info would be great for a sticky xxx

[mindful]

Re: Tenant Eviction Unpaid Mortgage

http://www.legislation.gov.uk/ukpga/1977/45

Law Excerpts Relevant to Bailiffs and Evictions


A debtor can remove right of implied access by displaying a notice at the entrance. This was endorsed by Lord Justice Donaldson in the case of Lambert v Roberts [1981] 72 Cr App R 223 - and placing such a notice is akin to a closed door but it also prevents a bailiff entering the garden or driveway, Knox v Anderton [1983] Crim LR 115 or R. v Leroy Roberts [2003] EWCA Crim 2753
Debtors can also remove implied right of access to property by telling him to leave: Davis v Lisle [1936] 2 KB 434 similarly, McArdle v Wallace [1964] 108 Sol Jo 483
A person having been told to leave is now under a duty to withdraw from the property with all due reasonable speed, and in his failure to do so he is not thereafter acting in the execution of his duty, and becomes a trespasser with any subsequent levy made being invalid and attracts a liability under a claim for damages, Morris v Beardmore [1980] 71 Cr App 256.
Bailiffs cannot force their way into a private dwelling, Grove v Eastern Gas [1952] 1 KB 77
Otherwise a door left open is an implied license for a bailiff to enter, Faulkner v Willetts [1982] Crim LR 453 likewise a person standing back to allow the bailiff to walk through but the bailiff must not abuse this license by entering by improper means or by unusual routes, Ancaster v Milling [1823] 2 D&R 714 or Rogers v Spence [1846] M&W 571
Ringing a doorbell is not causing a disturbance, Grant v Moser [1843] 5 M&G 123 or R. v Bright 4 C&P 387 nor is refusing to leave a property unless it causes a disturbance, Green v Bartram [1830] 4 C&P 308 or ****** v Gibbon [1863] 8 LT 391
Permission for a bailiff to enter may be refused provided the words used are not capable of being mistaken for swear words, Bailey v Wilson [1968] Crim LR 618.
If the entry is peaceful but without permission then a request to leave should always be made first. Tullay v Reed [1823] 1 C&P 6 or an employee or other person can also request the bailiff to leave, Hall v Davis [1825] 2 C&P 33
Excessive force must be avoided, Gregory v Hall [1799] 8 TR 299 or Oakes v Wood [1837] 2 M&W 791
A debtor can use an equal amount of force to resist a bailiff from gaining entry, Weaver v Bush [1795] 8TR, Simpson v Morris [1813] 4 Taunt 821, Polkinhorne v Wright [1845] 8QB 197. Another occupier of the premises or an employee may also take these steps: Hall v Davis [1825] 2 C&P 33.
Also wrongful would be an attempt at forcible entry despite resistance, Ingle v Bell [1836] 1 M&W 516
Bailiffs cannot apply force to a door to gain entry, and if he does so he is not in the execution of his duty, Broughton v Wilkerson [1880] 44 JP 781
A Bailiff may not encourage a third party to allow the bailiff access to a property (ie workmen inside a house), access by this means renders the entry unlawful, Nash v Lucas [1867] 2 QB 590
The debtor's home and all buildings within the boundary of the premises are protected against forced entry, Munroe & Munroe v Woodspring District Council [1979] Weston-Super-Mare County Court.

Contrast: A bailiff may climb over a wall or a fence or walk across a garden or yard provided that no damage occurs, Long v Clarke & another [1894] 1 QB 119
It is not contempt to assault a bailiff trying to climb over a locked gate after being refused entry, Lewis v Owen [1893] The Times November 6 p.36b (QBD)
If a bailiff enters by force he is there unlawfully and you can treat him as a trespasser. Curlewis v Laurie [1848] or Vaughan v McKenzie [1969] 1 QB 557
A debtor cannot be sued if a person enters a property uninvited and injures himself because he had no legal right to enter, Great Central Railway Co v Bates [1921] 3 KB 578
If a bailiff jams his boot into a debtors door to stop him closing, any levy that is subsequently made is not valid: Rai & Rai v Birmingham City Council [1993] or Vaughan v McKenzie [1969] 1 QB 557 or Broughton v Wilkerson [1880] 44 JP 781
If a bailiff refuses to leave the property after being requested to do so or starts trying to force entry then he is causing a disturbance, Howell v Jackson [1834] 6 C&P 723 - but it is unreasonable for a police officer to arrest the bailiff unless he makes a threat, Bibby v Constable of Essex [2000] Court of Appeal April 2000.
Vaughan v McKenzie [1969] 1 QB 557 if the debtor strikes the bailiff over the head with a full milk bottle after making a forced entry, the debtor is not guilty of assault because the bailiff was there illegally, likewise R. v Tucker at Hove Trial Centre Crown Court, December 2012
If a person strikes a trespasser who has refused to leave, he is not guilty of an offence: Davis v Lisle [1936] 2 KB 434


http://www.legislation.gov.uk/ukpga/1977/43

[mindful]

Re: Tenant Eviction Unpaid Mortgage

There may be more to this but its late! and i'm not concentrating so well!

Guys I am not against landlords.... feck I need one real soon. But WE need to know where we stand in this tyranny coming/here! People united and all that!

Once I'm through this crap in my life...I'm here for YOU LOT!!

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

landlord "eventually" put an N244 into court last Thurs! but on the Friday he phoned me to say that the mortgage co would put the eviction on hold as long as he paid xxx amount until the property is sold. HE ASKED ME FOR THAT MONEY! My instinct is that he is trying to blackmail me. I refused to pay! From my understanding - whoever puts the N244 form in - it has to go through "procedure"? I am going to sit it out. Fight off bailiffs as an "occupier" they need my name to evict?? Landlord may pull through yet but such a scammer! PlanB - thank you xx

Okay. I enjoy a game of poker as much as you seem to with your Landlord :blah: :blah: :blah: I urge you to take some precautionary steps to protect yourself and your children if I were in your shoes.

Who says the Landlord made a N244 application to the court last Thursday? Ring them to check it's been received. If he offers you a photocopy of his application make sure it's been stamped by the court because it could have been a download he filled in but never sent.

You're right there should be a "procedure" following your Landlord's application to postpone/stay the eviction warrant. It's called a *hearing*. Ask him for the date and then double check that with the court.

If the lender has agreed to a stay of the eviction warrant then there won't be a hearing but it will be noted on the court file that there has been a stay by consent and an order will follow in the post. Check it out.

I'm not convinced about your argument that if your actual name isn't on the Eviction Warrant then you won't find yourself and your children on the street with all your belongings in bin bags on May 18th. Ring Shelter's Free Helpline for legal advice on that issue on 0808 800 4444. If your Landlord no longer has possession of the property (i.e. the lender now owns the property not him) then you could be seen as a trespasser and not the bailiff (GMAC won a legal case on this argument).

I do know of a case where an eviction failed when the 'people' named on the warrant were Mickey Mouse and Pluto because those were the names the squatters gave to the police at the time. I'm happy to say that the errant cat and dog remained in situ but I can't guarantee that you'll be that lucky. What name is on the Warrant and does it say "and any other person in occupation" or words to that effect?

[mindful]

Re: Tenant Eviction Unpaid Mortgage

Okay will take in all that you have said tomorrow.

In the meantime on the "Notice of eviction" it says

Name of landlord then ANY OTHER OCCUPIERS