Tenant Eviction Unpaid Mortgage

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

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

Name of landlord then ANY OTHER OCCUPIERS

Uh oh :doggieyes:

[Inca]

Re: Tenant Eviction Unpaid Mortgage

Unless you get concrete proof that your LL HAS got a stay of execution then I would start looking for somewhere to live pronto..I'm a complete novice but even I can see that 'any other occupiers' means you and your family.

[FlamingParrot]

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

Thanks for posting this, you may want to PM Cel who runs this site, she will be able to move this post to its own thread and make it sticky, only people with admin rights can do that.

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

And then we all argued about it late into the night here: :argue:

http://www.legalbeagles.info/forums/...623#post339623

[mindful]

Re: Tenant Eviction Unpaid Mortgage

And then we all argued about it late into the night here: :argue:

http://www.legalbeagles.info/forums/...623#post339623

Yes that was a little "mad" last night

Okay I have an update.

Landlord received a Notice of hearing of application today. So at least he was telling the truth about the N244!!

The hearing for suspension of eviction takes place on Monday 13th May at 2pm. Fingers crossed...

[FORCEOFONE]

Re: Tenant Eviction Unpaid Mortgage

May i ask

Are you going to the hearing

I would go myself and ask if you can submit a statement to the court stating your reasons to request a stay, and that this situation is not through your own doing

Tell the court children are involved, at least it will give you a short period of time to find new accommodation if a stay is granted

YOUR LANDLORD HAS BEEN A RIGHT SCUM BAG IN THIS I I WOULD NOT TRUST HIM ONE IOTA

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

Yes that was a little "mad" last night ..

That's an understatement msl:

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

Okay I have an update. Landlord received a Notice of hearing of application today. So at least he was telling the truth about the N244!! The hearing for suspension of eviction takes place on Monday 13th May at 2pm.

Your Landlord now has two options:

1. He tells the court the property is under offer (with evidence) so the claimant will not be prejudiced by any delay of the eviction. He asks the court for more time (6 weeks) to find himself and his family somewhere else to live. This would be a lie and he risks contempt of court which is a criminal offence. The court will want to know why he didn't ask for more time at the possession hearing and I'm guessing the answer would be he didn't attend the hearing

2. He tells the court the truth which is that he wants to delay the eviction so that his tenant and her family are not made homeless. I would expect the DJ to say "then why hasn't the tenant made an application herself?"

You have no right to attend the hearing and the DJ can refuse to listen to what you say if you gate crash the event because as yet you are not party to these proceedings.

So common sense says you should make your own application quick smart :director:


If you really want to fly by the seat of your pants you could wait for the outcome of your Landlord's hearing on the 13th May and if your Landlord doesn't get the eviction stayed then you make your own application before the bailiffs pitch up on 18th May. But that's cutting it a bit fine :eek2:

[mindful]

Re: Tenant Eviction Unpaid Mortgage

Okay an update.

I held out! I had all documents to hand and was prepared to put in an urgent N244.

I went to court. The landlord came out with a WIN. He had quashed the eviction for this Thursday.

Trouble is he invited me for a coffee and basically threatened me. He doesn't want to pay me my damage deposit and I am rather tired of the legal way! Feel I now need to sort this in the best way I can!! Sorry it's late I've had a relief from eviction but a nasty piece of work to boot and need to focus my head again!

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

I went to court. The landlord came out with a WIN. He had quashed the eviction for this Thursday.

I'm also relieved that you and your children will not be evicted on Thursday :faint:

Now to the nitty gritty. How long have you got to stay in the property :clock: Was the eviction warrant cancelled by the court (so the lender has to re-apply) or was it stayed (so the lender can resurrect it whenever they want) or did the court reset the date for further down the line once the property has been sold etc.

It's clear your Landlord is not nice but that's not the point. You want to use up all the money you paid in both advanced rent and the deposit so that by the time you leave (voluntarily) he won't owe you anything. You need to see all the paperwork (yesterday's court order for starters) and your Landlord should give you authority to speak to the estate agent who has conduct of the sale so you know the timetable of what's going on.

Finally I wouldn't believe a word your Landlord tells you. Who says he "won" in court yesterday, did you attend the hearing (in the court room) or did he give you feedback when he came out which may/may not be true which is why he was so angry when you went for a coffee :noidea:

[CleverClogs]

Re: Tenant Eviction Unpaid Mortgage

Okay. I enjoy a game of poker

Strip poker? :rofl:

[PlanB]

Re: Tenant Eviction Unpaid Mortgage

Strip poker? :rofl:

Possibly.

But only if it's with David Beckham stripping down to his latest H & M underwear range while teaching me the offside rule :bounce:

[CleverClogs]

Re: Tenant Eviction Unpaid Mortgage

deleted

[FlamingParrot]

Re: Tenant Eviction Unpaid Mortgage

Ditto

[mindful]

Re: Tenant Eviction Unpaid Mortgage

I'm also relieved that you and your children will not be evicted on Thursday :faint:

Now to the nitty gritty. How long have you got to stay in the property :clock: Was the eviction warrant cancelled by the court (so the lender has to re-apply) or was it stayed (so the lender can resurrect it whenever they want) or did the court reset the date for further down the line once the property has been sold etc.

It's clear your Landlord is not nice but that's not the point. You want to use up all the money you paid in both advanced rent and the deposit so that by the time you leave (voluntarily) he won't owe you anything. You need to see all the paperwork (yesterday's court order for starters) and your Landlord should give you authority to speak to the estate agent who has conduct of the sale so you know the timetable of what's going on.

Finally I wouldn't believe a word your Landlord tells you. Who says he "won" in court yesterday, did you attend the hearing (in the court room) or did he give you feedback when he came out which may/may not be true which is why he was so angry when you went for a coffee :noidea:

Hi guys,

so yes the eviction was suspended so yes it could be "resurrected" at any time!

The suspension was due to the landlords financial queries of the mortgage where he has the financial ombudsmen involved. Which I believe puts the mortgage into dispute?

In the meantime, I don't believe the landlord has any intention of selling and it's the poor buyers I feel for here regarding that!

Is my understanding correct that a landlord has to give a tenant two months written notice to leave? As that would at least take me until the end of July.