PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Confused about court case/eviction

Options
Pendrix
Pendrix Posts: 28 Forumite
in House buying, renting & selling
I am facing eviction but the court sent me a mortgage property defence form with the claim for possession. Thing is, the property is not a mortgaged property. Does this mean the claimant filled in the wrong form for possession?
«134

Comments

  • silvercar
    silvercar Posts: 46,962 Ambassador
    Academoney Grad Name Dropper Photogenic First Anniversary
    Options
    Could just mean a court official put in the wrong form for you to object to the possession application.

    Without you posting more information no one can say if it is the right form.

    It should have a title with a section number. 21 if this is a standard eviction.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Pendrix
    Pendrix Posts: 28 Forumite
    Options
    Well the claim documents filled in by my landlord's solicitor refer to the section 21, but the forms from the court refer to mortgaged premises, which as I say, it's definitely not. Boxes were already ticked (greyed in) on the mortgage defence form??
  • theartfullodger
    theartfullodger Posts: 14,601 Forumite
    Name Dropper First Anniversary First Post
    Options
    Call Shelter 0808 800 4444, the experts in evictions and all other housing matters, open 8-8 Mon-Fri, 9-5 all other days of the year.

    Why do you think landlord wants to evict you?

    How do YOU know there's no mortgage?

    Is it landlord's name on court papers or a lender/building society, please?
  • Pendrix
    Pendrix Posts: 28 Forumite
    Options
    Cheers. I spoke to shelter (hell of phone line to get through but got through in the end) but they weren't much help, sadly. Landlord wants to evict for sale. Landlord is developer, owns building outright, long history - I know it's not mortgage. Landlord's name is on the court papers.

    One more thing: LL says he'll waive court costs (which he's claiming against me) if I don't defend. Sounds like blackmail. Isn't that a criminal offence?
  • Keto_Plastics
    Keto_Plastics Posts: 45 Forumite
    edited 12 January 2018 at 9:36PM
    Options
    Pendrix wrote: »
    Cheers. I spoke to shelter (hell of phone line to get through but got through in the end) but they weren't much help, sadly. Landlord wants to evict for sale. Landlord is developer, owns building outright, long history - I know it's not mortgage. Landlord's name is on the court papers.

    One more thing: LL says he'll waive court costs (which he's claiming against me) if I don't defend. Sounds like blackmail. Isn't that a criminal offence?

    Has the LL put that in writing about the court costs
    ?
    If He has not then what is to stop him going back on his word and making You pay court costs even if You don't defend the case ?

    I would personally defend no matter what the landlord says

    Yes Blackmail is a criminal offence, maximum sentence of 14 years

    https://www.inbrief.co.uk/offences/blackmail/
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Slithery
    Slithery Posts: 6,046 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Options
    Of course it's not blackmail, it's called negotiating.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Name Dropper First Post First Anniversary
    edited 12 January 2018 at 10:40PM
    Options
    If I was you, I would grab the offer. Save yourself over #500. I know, I had to pay court fees, doesn't help when trying to find a new property.

    Its not blackmail, its an offer.

    Phone the court and ask them to check the correct papers were sent, and for them to send the correct papers out. You do realise there is no real worthwhile defence against a S21? Eventually the LL will succeed.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    First Anniversary Name Dropper First Post
    Options
    Why do you want to wait until it goes to court? You know that you are going to have to move so why wait?
  • theartfullodger
    theartfullodger Posts: 14,601 Forumite
    Name Dropper First Anniversary First Post
    Options
    Ask him for written confirmation and a written good reference
  • csgohan4
    csgohan4 Posts: 10,587 Forumite
    First Anniversary First Post Name Dropper Photogenic
    Options
    theartfullodger wrote: »
    Ask him for written confirmation and a written good reference



    pity the poor LL who ends up with tenant
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards