Tenant with no Tenancy Agreement, have received Eviction Notice for Mortgage Arrears.

[jasi.j]

Me and my husband have been living in this house for a few months, we don't have a tenancy agreement with the landlord, we assumed he was ok as he is a good friend of my husbands boss who is also a friend. We recently received a hand delivered letter addressed to the occupiers stating that court action was being taken for an eviction because the mortgage hasn't been paid. We contact the landlord straight away and he said not to worry he was dealing with it, just pay the rent on time, which we did, yesterday (3rd may 2013). Today we received another hand delivered letter from the court, an eviction notice and that eviction will take place on 9th may 2013, this thursday coming. We called the landlord and he came straight away came round to collect the letter and said don't worry he will sort it, but I don't think I trust him anymore, I wish the letter had come yesterday and we would never have paid this month rent until we were sure whats happening. I know we're not entitiled to emergency housing because we have no children, disabilities, etc. My husband works, but has been off sick for the last 3 weeks and in hospital, but gets no sick pay as it's a cash in hand job (that is the only job he could get, no work in our area, it was cash in hand or unemployed) and i'm unemployed, we don't claim any type of benefits. We paid this months rent from the lasts of our savings, so we don't even have any money left to afford rent and deposit on another place. Do we have any legal rights as we don't have a tenancy agreement? Any advice please? I'm panicking!

[PlanB]

Re: Tenant with no Tenancy Agreement, have received Eviction Notice for Mortgage Arre

i'm unemployed, we don't claim any type of benefits. We paid this months rent from the lasts of our savings, so we don't even have any money left to afford rent and deposit on another place. Do we have any legal rights as we don't have a tenancy agreement?

Whether you have a tenancy agreement or not you wouldn't have the legal right to stay in your home unless your Landlord's lender had given permission for you to occupy the property as Tenants and then only until the end of any current AST.

However that doesn't mean you will be evicted on Thursday because you can make an application to the court to postpone the eviction for up to two months if you have nowhere else to live (which you don't). I would ring Shelter's FREE Helpline on 0808 800 4444 and they will put you in touch with someone who can help you make the court application or you can download the Form N244 in this link and do it yourself:

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


If your Landlord has a Residential not Buy-To-Let mortgage he probably hasn't told the lender that you are living at the property. Is your actual name on the Warrant? If the Warrant gives the name of the Lender (the "Claimant") or their solicitors then I would ring them up first thing on Tuesday morning and tell them the truth (that you live there) and they may agree to postpone the eviction but don't count on it even if they say they will. Make your own application too.

Your Landlord can also apply to the court to get the eviction postponed but even if he promises to do that I wouldn't trust him so make your own application too.

Have you paid your Landlord a deposit and was it insured? More info on that later if you have.

Contact your Council's Housing Department to get yourself put on the waiting list for re-housing. Under Pre-Action Protocol for possession proceedings the lender must do this anyway but they would probably have given the Landlord's name to the council not yours, so there should be a letter sent to the property telling him/you what to do next. Even though you may not be entitled to Emergency Housing (Bed & Breakfast usually) you may be considered for social housing depending on stock levels in your part of the country.

If you are unemployed you should be entitled to Housing Benefit to cover at least your half-share of the rent if you move into the private rented sector. You should claim benefits if you're unemployed to protect your financial position.

There is a similar story going on in another thread which you may like to read:

http://www.legalbeagles.info/forums/...npaid-Mortgage

Good Luck

[PlanB]

Re: Tenant with no Tenancy Agreement, have received Eviction Notice for Mortgage Arre

Here is the form you will need for the court application

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