Dodgy landlord's mortgagee seeks possession

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  • Dodgy landlord's mortgagee seeks possession

    Hi

    my problem with dodgy landlord is still outstanding.
    This is what happen so far.

    The bank halifax has sought possession of the house i live in (i live in a ground flat of that house). the hearing is set for 27 september 2006 because of Mortgage arreas. this is the fith moth so far.
    The land lord has offered me a notice to quit s21 but it was done illagally(council advice) so today he decided to move in by force and i tried to stop him in front of two kids and pregnant wife and suceeded . i called the police the police gave him a Criminal warning ( he lied and got caugh as the locks are broken and the pain of the door was still showing on his suit )and the police ordered him not to contact me except in writting. he then called me an hour later and asked me to pay him in order to do the repairs that is the locks which do not work since the day i moved in and installation of electric metre and gas metres. I went to the council today and the case worker was in meeting but he said that if the landlord has taken out the mortgage before i moved it which is true (mortgage was taken out in Jan2005 and i moved in in 1st April 2006) then the council can not help me.

    this is the question

    what happens if the LANDLORD does not attend the hearing ( i think he won't bother because he has already refused to speak to bank on 14th occasions and he did not reply to their request either. the bank do not know that he does not live at the house or that the house has been converted without his knowledge to 3 flats.
    if the bank wins(most likely yes) then what happen to us>?????
    I am up to date with rent but i am not going to pay the future rent till my requests have been fulfilled and he has already made clear that he won't repair anything and won't serve me another notice

    I am sorry for too many questions.

  • #2
    I think we need more information from you to be able to advise you more accurately.

    How do you know the following:

    1. Who the Lenders are (you state the Halifax)
    2. How many months the LL is in arrears by (you state 5th month)
    3. When the hearing date is? (you state 27th September)
    4. How do you know he has refused to speak to the bank on 14 occasions?
    5. How do you know the bank is not aware of the conversions or the fact that the LL has not advised them he doesn't live there?

    If you can answer these and the points in red it will give everyone a much clearer picture of the situation.

    Originally posted by ATI View Post
    Hi

    my problem with dodgy landlord is still outstanding.
    This is what happen so far.

    The bank halifax has sought possession of the house i live in (i live in a ground flat of that house). the hearing is set for 27 september 2006 because of Mortgage arreas. this is the fith moth so far.
    The land lord has offered me a notice to quit s21 but it was done illagally(council advice) What reason did the Council give for the notice being "illegal" ? so today he decided to move in by force and i tried to stop him in front of two kids and pregnant wife and suceeded . i called the police the police gave him a Criminal warning ( he lied and got caugh as the locks are broken and the pain of the door was still showing on his suit )and the police ordered him not to contact me except in writting. he then called me an hour later Advise the police that he has ignored their caution and get a CRIME REPORT NUMBER !! You will need this. and asked me to pay him in order to do the repairs that is the locks which do not work since the day i moved in and installation of electric metre and gas metres. It is not your responsibility to pay for these items I went to the council today and the case worker was in meeting but he said that if the landlord has taken out the mortgage before i moved it which is true (mortgage was taken out in Jan2005 and i moved in in 1st April 2006) then the council can not help me. What help were you asking for ? I do not understand why the LL's mortgage would have any effect on whether the council will be able to help you or not ...
    this is the question

    what happens if the LANDLORD does not attend the hearing ( i think he won't bother because he has already refused to speak to bank on 14th occasions and he did not reply to their request either. If he doesn't attend the hearing (which I assume is a hearing for the bank to regain possession of the property) judgement will be in favour of the lenderthe bank do not know that he does not live at the house or that the house has been converted without his knowledge to 3 flats.
    if the bank wins(most likely yes) then what happen to us>????? If the lender sucseeds you will be evicted but I am not sure if you have any rights of notice.
    I am up to date with rent but i am not going to pay the future rent till my requests have been fulfilled and he has already made clear that he won't repair anything and won't serve me another notice.

    I am sorry for too many questions.
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

    Comment


    • #3
      If the repossession order is granted, you will be evicted no matter what.

      Start looking for a new place to live.

      Comment


      • #4
        Hi
        thanks for the help

        the people upstrairs told me that and i never believed it. last month i was given a hand letter to give to Landlord and the letter is saying seeking possession. this week i was given another hand letter advising him of what he needs to do. today another letter was handed by hand to upstrairs people and it was showing all the information i was given before. this letter was from County court.

        Comment


        • #5
          oh sorry let me answer the items in red.

          the council said the letter i recieved was illegal because it was printed In August but dated in April2006.
          i gave the council crime reference today.
          when you said that i won't need a notice ? what if i refuse to leave claiming i have no knowledge ? the council want to see a letter given to me in my name but the house is take away from LL and not me

          Comment


          • #6
            Before you can be evicted, you will receive notice from a court giving you a date to move out. Take this to your local authority, they may tell you to wait for a date from bailiffs, if so, do so. The LA has a duty to rehouse you but most wait for the court date, some for the bailiffs date but don't worry, you have not made yourself intentionally homeless so they must rehouse you. That said, its not all good news, you may end up in 'temporary accommodation' which can be a B&B.

            Comment


            • #7
              In my opinion I think your going to see more of the OP's problem in the future.
              Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

              Comment


              • #8
                OK .. that makes it a bit clearer .. but sadly doesn't place you in a very secure position.

                Firstly, if the LL's bank don't know about you, they can't really give you notice can they?

                I am still confused as to what sort of help you are asking from the Council .. if it is for rehousing, then the LL's mortgage should not affect your application at all, whenever he got it...

                This situation obviously pretty complicated so in these circimstances I would
                strongly suggest, that you seek IMMEDIATE advice from Shelter - they are experts in dealing with Homelessness and will advise the best way for you to proceed. They can deal with the Council on your behalf. If there is no office in your town, go to their website and phone the freephone number s they can advise you over the phone.

                I would point out that being evicted does mean you will have to go into temporary accommodation initially but does not necessarily mean you will have to go into B & B, and in view of your wife's pregnancy if you are placed in a B & B, then it will, I believe, be only for a maximum of 6 weeks.

                Your only other option is to find alternative private accommodation yourself.

                Sorry I can't help any further. Get in touch with Shelter. Good luck.
                Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

                Comment


                • #9
                  Oh there was one question unanswered. i went to the council seeking help regarding S21 as i have 2 kids and a third due soon they agreed but asked me to wait till new s21 is served correctly, however the landlord is refusing to do so claiming he game me one and that is it. correct or not correct it is not his problem.
                  anyway
                  many many thanks to you all you have been more than helpful.
                  I will follow your advise.

                  Comment


                  • #10
                    Originally posted by pippay View Post

                    Firstly, if the LL's bank don't know about you, they can't really give you notice can they?
                    The court usually issues a Notice of Possession to the owners address and to the 'Occupier' of the addresss to be repossessed.

                    Comment


                    • #11
                      I have said it before on here but we were in a similar situation several years ago. A guy from the mortgage company came knocking and he recognised my parents as he had visited them less than 6 months previously when our home was being repossessed. At that point he realised the LL was taking everyone for a ride. The LA rehoused us (after a fight and me telling them that if they put us in B&B they would be carrying me out in a box!) and somehow the LL managed to maintain possession of the house and did exactly the same thing to other tenants who were not as gracious as we were and on exit ripped out all fixtures and fittings after leaving the water running! The place was a mess!! (Not recommending anyone do this however).

                      My question is would anyone here recommend that the tenants go to the court hearing? That way the mortgage company will find out about the tenants and hopefully the judge will give more time to the tenants and keep them informed of progress.
                      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

                      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

                      Comment


                      • #12
                        Originally posted by justaboutsane View Post
                        My question is would anyone here recommend that the tenants go to the court hearing? That way the mortgage company will find out about the tenants and hopefully the judge will give more time to the tenants and keep them informed of progress.
                        I think the tenants should attend court and put there case across after all in this scenario they are the innocent party.I personally don't think they should have to suffer because the landlord didn't pay the mortgage.I was reading somewhere last night that many of the mortgage lenders are now chasing the owners of property who defaulted in 1991-94 when property was sold off cheap and are now pursing them for the shortfall.Totally irevelent in this case but it doe's make me wonder what it's all coming too.
                        Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

                        Comment


                        • #13
                          PMS.. yes my parents are being persued for the money even though the Mortgage company sold the house at a massive lost in super quick time! I think My parents have replied with something like 50p a week!

                          Its crazy but such is life!
                          GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

                          Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

                          Comment


                          • #14
                            Originally posted by pms View Post
                            I think the tenants should attend court and put there case across after all in this scenario they are the innocent party.I personally don't think they should have to suffer because the landlord didn't pay the mortgage.I was reading somewhere last night that many of the mortgage lenders are now chasing the owners of property who defaulted in 1991-94 when property was sold off cheap and are now pursing them for the shortfall.Totally irevelent in this case but it doe's make me wonder what it's all coming too.

                            The reverse of this can also happen if the mortgage company sells the property well under market value the former owner can now chase the mortgage company for the differential if he can prove the property was sold off too cheap!!
                            Rare but does happen

                            Comment

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