Our home is to be repossessed by L's mortgagee

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    Our home is to be repossessed by L's mortgagee

    Hi

    Don't know if someone is prepared to help me as I am a tenant or can suggest where I can get help.

    I signed up for a 12 month contract back in January. On the day I moved in I received a letter from a firm of solicitors advising me that there client was applying for an "order for possession" this was received at the end of January though was suspended.

    I have now received a letter stating the client now wishes to get a "warrant for possession" The agent does nothing and the owners are in S.A

    Could someone advise me of my rights, if i stop paying rent and hold it in another account if the court wants it paid i dont want to pay and hen get thrown out halfway through.

    What is the timescale that this will take

    Thanks for your help..

    Just in case its not obvious its the bank that are wanting to repossess from the owners

    #2
    Have you asked the solicitors/and or the agents what they mean?

    Is it a "Section 21" order?

    If you stop paying rent(which you are not entitled to do", your removal from the property is much easier to obtain.

    You say you don't want to pay, and then get thrown out halfway through.
    How much should you be paying in advance.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      This sounds very much like the landlord had defaulted on the mortgage, its been to court and the court suspended the order on terms and the landlord has again defaulted which is why the client (presumably building society/bank) wants possession and has applied for a warrant to evict any persons living in the property.

      Depending on when the initial action took place, you may receive some protection under http://www.opsi.gov.uk/acts/acts2010..._20100019_en_1

      THE BEST ADVICE AT THE MOMENT IF MY ASSUMPTION IS TRUE IS TO CONTACT A SOLICITOR PRONTO BEFORE PAYING ANY MORE MONEY OVER TO ANYONE INCLUDING THE LANDLORD.

      Comment


        #4
        Originally posted by cosimeasy View Post
        Hi

        Don't know if someone is prepared to help me as I am a tenant or can suggest where I can get help.

        I signed up for a 12 month contract back in January. On the day I moved in I received a letter from a firm of solicitors advising me that there client was applying for an "order for possession" this was received at the end of January though was suspended.

        I have now received a letter stating the client now wishes to get a "warrant for possession" The agent does nothing and the owners are in S.A

        Could someone advise me of my rights, if i stop paying rent and hold it in another account if the court wants it paid i dont want to pay and hen get thrown out halfway through.

        What is the timescale that this will take

        Thanks for your help..

        Just in case its not obvious its the bank that are wanting to repossess from the owners
        Not the sure the advice offered so far helps

        1. Is your contract an AST (i.e. you are in England and pay less that £2083 rent per month)
        2. If do you have confirmation your deposit (if any) is protected in one of the deposit protection schemes

        Firstly it would appear you have received a letter from the solicitors firm acting on behalf of the lender stating that they have applied for a possession warrant. Does this letter tell you when the court case will be heard?

        Have you told them you exist? as you do have a right to attend this hearing and make a case for reasonable notice. I say this because if L has contracted with you without permission to let from the lender you have very few rights. If L has a proper buy to let mortgage the Lender may honour your contract or at least the first 6 months. I say may because the lender is well within their rights to terminate the contract at any time via a court order under the 1988 housing act (if your contract is an AST)

        If the court hearing for the possession order is successful and if L is a long way in arrears you most likely will be evicted, you will get no more than 2 months notice although it could be shorter.

        From a personal perspective if you know the date of the hearing I would pay the rent in a separate account and not to the landlord as the lender is more likely to get a possession order than you getting evicted under a section 8 notice for two months in arrears (under that process you have about 4 month before the bailiffs show up). Anyway if all get sorted out you simply clear the outstanding amount with the money you have put aside.

        The reason I suggest (but not advise) you put the money aside is twofold, firstly to protect your deposit if it is not already and secondly to ask the court for some rent to be provided as compensation for breach of L's contract. After all you expected to get 12 months of value from your reference fees and moving costs. I am not suggesting a court will agree but if you have the money in your possession it will a damn sight easier to keep it than extract it from a bankrupt L.

        Comment


          #5
          Originally posted by thesaint View Post
          Have you asked the solicitors/and or the agents what they mean?

          Is it a "Section 21" order?

          If you stop paying rent(which you are not entitled to do", your removal from the property is much easier to obtain.

          You say you don't want to pay, and then get thrown out halfway through.
          How much should you be paying in advance.
          A section 21 can not terminate an AST until the end of the fixed term.

          T has every right to stop paying rent but has to be aware of the consequence

          OP has received notice that the Lender is seeking a possession order, T has few rights if L does not permission to let and the Lender has the mandatory power to terminate under ground 1

          Comment


            #6
            There is not a court hearing for the initial granting of a Warrant of Possession - the lender/landlord as the case may be applies for it and it is administratively granted without a hearing. The bailiff then writes to or visits the evictees telling them the date and time of the eviction.

            It is possible then that there could be a short notice hearing to either set aside, suspend or ask for more time on hardship grounds.

            Whether you fit into my assumed position on last post or not, you need to get some advice and withhold any further payments to anyone until the situation is known or clarified.

            It is possible though not probable, that the mortgagees might be able to continue with your tenancy for a while on condition you pay the rent monies to them - but this is not most mortgagees usual policy - they usually want to get the house sold to recoup their outlay and are not interested in tenancies.

            Comment


              #7
              Originally posted by matthew_henson View Post
              A section 21 can not terminate an AST until the end of the fixed term.
              Who suggested otherwise?

              Originally posted by matthew_henson View Post

              T has every right to stop paying rent but has to be aware of the consequence
              I'm not sure what "right" they have. You haven't told the poster it so he can rely on it.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                To clarify so far

                Thank you all very much so far. I shall give the extra info that will hopefully help with the responses.

                to the saint, we only received the letter on Friday so have not had a chance to contact solicitors. From my understanding we are basically out of the property if the repossession takes place so should we maybe offer to pay the solicitors direct. From the letter it does not state if it is a section 21 so I take it we are early stages if so how long could this take before we are homeless? We cuurently pay £1750-00 pcm payable at the beginning of the month.

                to DavidJohnButton, the owner lives in SA my understanding is the rent goes into the mortgage account and the money comes out of there for the mortgage. The last tenants had their insurance paying for the rent which was late on many occasions. Our rent has been on time every time so now it seems the agent is paying the money into the account late. The original order was granted in January this year.

                to Matthew_Henson, yes we under an AST and yes we have confirmation from the DPA that our money is safely with them. As yet there has been no date given with regard to the court hearing. We told the solicitors that we were here before when they applied for the order for possession and they advised us the order was suspended.If we are evicted with 2 months notice who would we pay the money to. If we were to stop paying how long would it take to get us out and could this effect our credit score. Though I do think we would hold the money in a separate account.

                What are the consequences if we stop paying rent but hold it in a separate account.

                Thanks again for all of your help. I have found solicitors very slow in telling me things which one could class as grey areas of the law in the past.

                Comment


                  #9
                  Originally posted by davidjohnbutton View Post
                  There is not a court hearing for the initial granting of a Warrant of Possession - the lender/landlord as the case may be applies for it and it is administratively granted without a hearing. The bailiff then writes to or visits the evictees telling them the date and time of the eviction.

                  It is possible then that there could be a short notice hearing to either set aside, suspend or ask for more time on hardship grounds.

                  Whether you fit into my assumed position on last post or not, you need to get some advice and withhold any further payments to anyone until the situation is known or clarified.

                  It is possible though not probable, that the mortgagees might be able to continue with your tenancy for a while on condition you pay the rent monies to them - but this is not most mortgagees usual policy - they usually want to get the house sold to recoup their outlay and are not interested in tenancies.
                  Agreed, it could also be that the action is been taken by another lender under a charging order, in which case in may not be the mortgagee at all

                  Comment


                    #10
                    Originally posted by thesaint View Post
                    Who suggested otherwise?



                    I'm not sure what "right" they have. You haven't told the poster it so he can rely on it.
                    You did!

                    We have the "right" to do as we please but there are always consequences, you have to weight up the risk/reward, I could shoot my boss if I wanted, there are no mutants looking for a "minority report" to prevent me, but I doubt I would get away with it and would rather my freedom so I wouldn't even consider it.

                    The OP has to weight up if they will lose money if they continue to pay rent or not, that is their right to do so

                    Comment


                      #11
                      I would have thought that section 21 is not initially relevant.

                      If it is the lender that has obtained a possession order against your landlord then the lender can apply for a warrant. That warrant would require you and any other persons at the property to leave.

                      You need to get legal advice now, as others have said your situation may be different depending on whether the landlord had the consent of the lender to sublet.

                      There is a protocol that the lender must also comply with before applying for a possession order; your solicitor can check this.

                      I suspect that the reality of the situation is that the lender will be able to remove you from the property. This may mean you have a claim against your landlord, however, he may not be worth you pursuing.

                      The lender may be prepared to offer you a tenancy agreement, or may allow you to remain, but I suspect any such agreement would be short term only. You would need to contact the lender and see what their position is.
                      PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                      Comment


                        #12
                        Matthew, I never suggested that a sec 21 could end a tenancy mid term.
                        The OP said he/she got a letter in January, he/she was not clear what it was, so I asked.

                        It's not unusual for incorrect notices to be served.


                        Originally posted by matthew_henson View Post
                        T has every right to stop paying rent but has to be aware of the consequence
                        Originally posted by thesaint View Post
                        I'm not sure what "right" they have. You haven't told the poster it so he can rely on it.

                        Originally posted by matthew_henson View Post

                        We have the "right" to do as we please but there are always consequences, you have to weight up the risk/reward, I could shoot my boss if I wanted, there are no mutants looking for a "minority report" to prevent me, but I doubt I would get away with it and would rather my freedom so I wouldn't even consider it.

                        The OP has to weight up if they will lose money if they continue to pay rent or not, that is their right to do so
                        I think we have a differing view of the meaning "right".

                        I regard a "right" as something we are entitled to do, and be upheld by laws etc.
                        Using your definition, I have a right to hit a policeman if I don't like his attitude. I don't believe I do.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #13
                          UK law does not give anyone any rights. Such as there are seem to be foisted on us by the EU.

                          There is similarly no such thing as granting human rights, because there is no need to. All men and women under UK jurisdiction law have 100% innate human rights, subject only to restrictions lawfully imposed (varying from prohibition of murder down to the effect of yellow lines along the edge of the road). If something's not prohibited, it's inherently permitted. People have DUTIES and OBLIGATIONS, nor 'rights'.
                          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).

                          Comment


                            #14
                            No Contracr

                            Hi All

                            Many thanks for your last advice on our reposession. Though wonder if some more help could be forthcoming.

                            We spoke to the bank and it appears that the mortgage was not a buy to let due to the owners default on payments the bank were not happy for us to pay rent as renters instead we are now house sitting and paying the mortgage to the bank. However the owners are very slow to respond to any questions.

                            Where do we stand with no contract or deposit paid in. Can the owners just boot us out or would they have to go to court? if this is the case how long would it take to get us out.

                            Thanks again for your help

                            Cosimeasy

                            Comment


                              #15
                              No one can 'boot you out'. Whoever wants you out, be it the mortgage company or the person who owned the property, will have to go through court process.

                              Comment

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