L's mortgagee to repossess let property: effect on T?

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  • L's mortgagee to repossess let property: effect on T?

    Hi All.

    Looking for some hope.


    Landlord did not pay mortgage.
    Mortgage Company Stepped in so we paid them the rent
    Mortgage Company became aware about a possesion order stating we hade to vacate. We told them & they found out officially at a later date
    Mortgage Company then after telling them this news gave Us New 1yr Contract with a opt out afte 6 months with 2 months notice from either end. 7 months still to go.

    Mortgage Company (Although not Obliged I think, Did Not pay Loan company, Loan was obviously taken out with property as security)
    Loan company granted reposession order because no money has been paid.
    So we now face an eviction notice. Partner has 2 kids and one more on the way in 2 months.

    We know possesion order was allowed today but not from mortgage company but from landlords solicitor.

    Who can we sue for this debacle because mortgage company knew about the possesion order that was applied for months and months ago (landlord has been fighting it) and it was this that prompted them to give us a new contract for security with them and we paid a deposit to them.

    They have not at any time communicated with us on this, although we knew what process was going on, but they had a legal contract with us, so feel that the contract with them was false.


  • #2
    In this mess, which one are you- a tenant of the L (mortgagor) who let without consent, perhaps?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).


    • #3
      We were the tenant of the landlord, but when she failed to make payments, to secure residency it was agreed we'd pay rent directly to Mortage Company (M Express).

      a letter arrived and since we knew the landlord was in a mess, we opened it to find possesion order applied for by other loan company (swift)

      It was then we contacted the Mortgage (M Express) company and told them about this possesion order. So that we could stay and have some security, the Mortgage (M Express) company issued us with a new 1yr contract saying all was fine.

      The possesion order was taken out by another loan company (Swift), not the original mortgage (M Express) company who we have a contract with.

      We are looking for reperations and if they breached the contract or knew they were in breach of it we want some money back, because feel they operated under false pretences. The Possesion order has been looming for months, so they knew about it and they have been taken to court about it, because the landlady seems to think that part of the money we paid to the Mortgage company to cover the original mortgage, the remainder of this should then have been paid to the other loan company (Swift) this appeal after months was denied today. So they have known about this for months and taken our money.

      Hope it makes sense..


      • #4
        Not very, I regret. You do need urgent protective advice, perhaps from CAB or your Local Authority's Tenancy Advisers.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).


        • #5

          I'll see if I can make sense. Read it again and it didn't. I hope you can take one last stab at it. Thank You

          We rent a property from Miss Brown

          Miss Brown Has Several Properties & Mortgages With Express Mortgage. They must all be bundled into 1 account

          Miss Brown Took Out An Additional Loan On The Property With Dove Loans

          We Find Out Miss Brown Is In A Real Mess With Express Mortgage

          She Instructs Us To Pay Money Directly To Express Mortgage As They Are Reposessing It

          She Seems To Assume That Any Money Left Over For The Properties Mortgage Will Then Be Paid To Dove Loans By Express Mortgage. I Think They Have Bundles All Arreas On All Properties & Used The Payment We Make To Cover All Arrears Not Just Arrears On Our Property.

          The Dove Loan Payments Are Not Met, Because Miss Brown & Express Mortgage Make No Payment (Why Should They)

          Dove Loans Make A Possesion Order On The Property.

          We Tell Express Mortgage We Have Recieved Possesion Order From The Courts

          Express Mortgage Then Issue Us With A New Contract. Previous Contract Was Stll Under Miss Brown. It Can Only Be Broken After 6 Months With 2 Months Notice From Us Or Express Mortgage

          Miss Brown Tries To Fight Possesion Order In Court. Fails

          Dove Loans Have Won Case For Possesion Order.

          This is it so far as of today. I feel that since Express Mortgage knew all of this, they had no right to issue us with a contract of any kind and should have informed us as tennants of the property under contract with them of what was going on.

          Since we now have a contract with Express Mortgage Not Miss Brown, I feel they are at fault and should be held responsible for something. How can they take money of us knowing full well the contract may not be upheld on thier part.


          • #6
            Were your served with notice of the possession proceedings?


            • #7
              Not served.

              It just came through the post. About 10 yrs ago I was renting a flat with a friend and same thing happened, we were served then?


              • #8
                I think what you are asking is whether Express mortgage had the right to issue a tenancy agreement when they knew that dove loans had arrears and were not receiving payments and were already in the stage of getting possession.

                Sounds similar to when a landlord issues a tenancy agreement when they are already in mortgage arrears and know the lender is applying for possession.

                From reading on here it would appear that dove have the right to go for possession (will they get any money if express have a priority charge?) and your action would be against express for breaching the tenancy agreement ie not providing the accommodation contractually agreed to.


                • #9

                  Yes. That is it. I am not 100% sure if they knew the loans company were going for possesion when they gave us a contract, but they certainly knew a few months in to the contract. (Actually They Did this is why they gave us a contract for our security or so they say)

                  My girlfriend is pregnant and stressed and since the order has gone through, she has hurredly found another place as 2 months to go until birth, which is fair enough. Now express despite all the crap are holding her to 2 months notice.

                  We are tying now to find an out clause, ether the above issue or this one :-

                  They have not issued us with an up to date Gas Certificate. Last one we have is 2 years old at least. Is this a breach of contract, can we sue them for negligence e.t.c anything :-) we don't want them to get away with treating us like this.

                  Thanks very much


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