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    • dmo84
    • By dmo84 19th Aug 17, 11:13 AM
    • 50Posts
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    dmo84
    Worried about the shared house im in - We recieved a letter -No contact from landlady
    • #1
    • 19th Aug 17, 11:13 AM
    Worried about the shared house im in - We recieved a letter -No contact from landlady 19th Aug 17 at 11:13 AM
    HI all,

    Just a quick one, I have been living in a shared household in Cardiff with 2 or 3 other people for the past 3 years, its a private landlady who owned a few other properties in the area.

    I didn't have a tenancy agreement when I moved in, one a few others that have come/gone didnt, one has apparently.

    When I moved in I paid 1 months rent + one months rent bond. However after not getting a tennancy agreement and finding it difficult at times to get hold of said landlady, I held one months rent back.

    Long story short 3 years later, im still hear but looking to move in to my own property end of year (beginning of next), I need to get the ball rolling on this and start looking around etc.

    The landlady for this shared household has always been a pain to get hold of, we have not been able to get hold of her for the last 5-6 months, email, phone.

    Anyway, we have recieved a letter through the post from TLT Solicitors, on behalf of "Rooftop Mortgages"

    Stating the borrower (the landlady) and the property (that im in)

    "We act on Rooftop mortgages limited who hold a charge over the above property. Our client is currently investigating the present occupancy of the property. We wold be greatful if you would complete the enclosed questionnare and return it to us in the enclosed stamped address env.

    Please note that in requesting this information, our client shall not be deemed to have accepted or be bound by any rights of occupation you may have."


    The questionaair asks things like

    - Full name

    - Who else lives in property

    - Do you claim to have a tenancy of the property

    - If you do claim to have a tenancy, in whos name#

    - Is is it agreed for a period of time

    - Do you have written agreement

    - When did you first occupy

    - Have the terms changed

    - How much rent do you pay

    - How often do you pay

    - On what days of the month do you pay



    ====================

    Now I usually pay my rent end of the month (could be anytime after 25th - 30th) - It was originally discussed as all bills included, but it has an electric top up, to which we top up and take off rent, and the gas supply was switched over to top up, so we top that up and take it off rent also, so I top up gas/elec and pay her the remaining in rent.



    My question is - what should I do with this letter/questionnaire? It sounds like said landlady is in a spot of bother, I dont have anywhere to go at the moment, 2 people are moving out end of Aug, leaving me and one other, the other is leaving in Oct,

    I want to ensure that I have a place atleast to stay until I can find a place, get a mortgage sorted, and move out......

    Am I going to be at risk of being evicted?
Page 5
    • molerat
    • By molerat 8th Sep 17, 3:04 PM
    • 17,013 Posts
    • 11,187 Thanks
    molerat
    According to the solicitors, after me sending in proof of me paying 3 months rent to the landladies account, and also email confirmation from her of the set-up of this.

    The solicitors have said their client (rooftop mortgages) have declined any sort of extension if it comes to repossession order on the court hearing.

    IE I wont get a 2 month extension, apparently its 14 days, and they are classing me as an unauthorised tennant, even though I have chased several times for my tenancy agreement but never had one, legally I am a tennant though surely because I have been paying her rent, and also have email confirmation from her when I moved in. They said that to be a legal tennant I need written and signed agreement.


    Do I need to attend this court hearing end of sept? even though I probably wont be allowed in because of data protection on the mortgage etc.

    I was hoping worst case atleast 1 month! not 14 days!

    I don't even know whats happening yet....
    Originally posted by dmo84
    Yes you do to protect your interests. Make yourself known to the Clerk of the Court.
    https://england.shelter.org.uk/housing_advice/repossession/repossession_by_a_landlords_lender
    https://www.citizensadvice.org.uk/housing/renting-a-home/repossession-by-your-landlord-s-mortgage-lender/
    Take anything you have to prove your tenancy with you.
    Last edited by molerat; 08-09-2017 at 6:03 PM.
    www.helpforheroes.org.uk/donations.html
    • steampowered
    • By steampowered 8th Sep 17, 3:24 PM
    • 1,686 Posts
    • 1,613 Thanks
    steampowered
    IE I wont get a 2 month extension, apparently its 14 days, and they are classing me as an unauthorised tennant, even though I have chased several times for my tenancy agreement but never had one, legally I am a tennant though surely because I have been paying her rent, and also have email confirmation from her when I moved in. They said that to be a legal tennant I need written and signed agreement.
    Have you told the solicitors in writing that you have entered into a legally binding monthly tenancy, and are paying rent accordingly?

    If not, you should do so. At least so that you can prove they have been notified.

    Do I need to attend this court hearing end of sept? even though I probably wont be allowed in because of data protection on the mortgage etc.
    I don't think you have to attend, but it is probably worth attending so that you have accurate information about what is going on.

    The court hearing is public. Anyone can attend. There are no data protection difficulties.
    • CIS
    • By CIS 8th Sep 17, 4:23 PM
    • 9,974 Posts
    • 5,692 Thanks
    CIS
    It's a county court case so no requirement to attend the case - the option to force attendance at a case in the county court is very limited and would require a summons first. As above though, it would be better if you did attend.
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • Lancashirelass1
    • By Lancashirelass1 8th Sep 17, 5:24 PM
    • 94 Posts
    • 200 Thanks
    Lancashirelass1
    According to the solicitors, after me sending in proof of me paying 3 months rent to the landladies account, and also email confirmation from her of the set-up of this.

    The solicitors have said their client (rooftop mortgages) have declined any sort of extension if it comes to repossession order on the court hearing.

    IE I wont get a 2 month extension, apparently its 14 days, and they are classing me as an unauthorised tennant, even though I have chased several times for my tenancy agreement but never had one, legally I am a tennant though surely because I have been paying her rent, and also have email confirmation from her when I moved in. They said that to be a legal tennant I need written and signed agreement.


    Do I need to attend this court hearing end of sept? even though I probably wont be allowed in because of data protection on the mortgage etc.

    I was hoping worst case atleast 1 month! not 14 days!

    I don't even know whats happening yet....
    Originally posted by dmo84

    Hi there
    First of all it is NOT up to Rooftop or the solicitor to deny you any extension. Also, you say, if it comes to repossession? In the hearing they will ask for imm possession forthwith.


    If it is repossession on the property and that is the outcome at the hearing can either be 14 days or 28 days forthwith, then you are well within your rights to ask for some time. However, not sure of the area you are in, but the warrant needs to be signed etc and then its served.
    This can take a few weeks but once its served, then you can ask for the warrant to be suspended, you have go to court, and complete the N244 form, if you are on a low income this is free, if not, then there is a charge.
    However, once you do this, the court then inform rooftop that you have made an application to suspend the warrant under the repossession Act 2010 and they will go to court and also state their case too. They know now you have no tenancy agreement, and will quote all sorts like tolerated trespasser etc, and at the end of the day, they will want their house back.

    However, I do think, that you should now keep hold of your money, and start looking for somewhere to live. It looks like rooftop are getting the property back for whatever reason. As soon as those papers are served, and you are not applying to court for the suspension of the warrant, then you will need to leave the property.

    You could try and ask for some time, but depending on the order they get in court, it might be better for you all round to start looking for somewhere to live.
    Tenancy agreement or not, your LL has not paid her accounts and unfortunately at the price of her tenants homes.


    Thank you
    keep in touch and let me know how you get on.


    LL
    Last edited by Lancashirelass1; 08-09-2017 at 5:33 PM.
    Aim to be debt free by 43 realistic is by the time I have finished being 43!!!
    Snowballing starting in August 2017
    Debt total
    23'570.92
    • Lancashirelass1
    • By Lancashirelass1 8th Sep 17, 5:28 PM
    • 94 Posts
    • 200 Thanks
    Lancashirelass1
    Have you told the solicitors in writing that you have entered into a legally binding monthly tenancy, and are paying rent accordingly?

    If not, you should do so. At least so that you can prove they have been notified.


    I don't think you have to attend, but it is probably worth attending so that you have accurate information about what is going on.

    The court hearing is public. Anyone can attend. There are no data protection difficulties.
    Originally posted by steampowered

    NO it is not public....people losing their homes and matters of this kind are NOT public at all. In Manchester, your name is published along with the housing association or solicitors and only those listed on there can go into the chambers - sorry if you thought it was public but it really isn't.
    Aim to be debt free by 43 realistic is by the time I have finished being 43!!!
    Snowballing starting in August 2017
    Debt total
    23'570.92
    • G_M
    • By G_M 8th Sep 17, 5:32 PM
    • 41,077 Posts
    • 47,207 Thanks
    G_M
    According to the solicitors, after me sending in proof of me paying 3 months rent to the landladies account, and also email confirmation from her of the set-up of this.

    The solicitors have said their client (rooftop mortgages) have declined any sort of extension if it comes to repossession order on the court hearing.

    IE I wont get a 2 month extension, apparently its 14 days, and they are classing me as an unauthorised tennant, even though I have chased several times for my tenancy agreement but never had one, legally I am a tennant though surely because I have been paying her rent, and also have email confirmation from her when I moved in. They said that to be a legal tennant I need written and signed agreement.


    Do I need to attend this court hearing end of sept? even though I probably wont be allowed in because of data protection on the mortgage etc.

    I was hoping worst case atleast 1 month! not 14 days!

    I don't even know whats happening yet....
    Originally posted by dmo84
    Did you read the link provided in post 2 above???????

    This is all answered in there, including the relevant Act of Parlament to your circumstance, as well as what to do and how to do it.

    Sigh - I write these links so we don't have to repeat the same information for each person with the sme issue. But sometimes..........
    Last edited by G_M; 08-09-2017 at 5:37 PM.
    • dmo84
    • By dmo84 11th Sep 17, 8:06 AM
    • 50 Posts
    • 3 Thanks
    dmo84
    After chasing so many times and no response, finally got a response from LL asking for more updates. Again not sure on this.

    I have spoken to a tennent round the corner in one of the other properties she has, they are going through the same, one of them is turning up on the court date, I am probably going to go aswel. As at the moment I am having no luck with finding somewhere to go, I was in the middle of looking for area's to buy, now I will have to potentially go in to another share (which I didnt want to do if possible, rent somewhere on my own (which is an inconvenience) or be forced in to rush buying (again didnt want to do).


    Hi XXXXX

    I think I'm missing an email here?

    You can't legally be given two months notice until AFTER the Court hearing - they are breaking the law. All tenants have to be given two months notice and as I am still legally managing the houses up to the point a judge says otherwise, (& even then they are legally bound to give two months notice AFTEr the court date!) hey are just using illegal scare tactics! This is what I've been dealing with for the past ten years...

    What have the solicitors said to make you think otherwise, have you spoken to them? Because they shouldn't speak to you?

    Also I plan to get the arrears paid off before the court date so this won't be happening anyway as they can't take me to court with no arrears!

    I won't let you be in the XXXX don't worry. If I go to court and lose I will tell you, but it's not going to happen, the list of illegal things they've done is yards long.
    I've reported them to the Financial Ombudsman.

    Please bear with me and sit tight and don't panic, but do forward me anything you've been sent.

    Take care,




    =========================
    Last edited by dmo84; 11-09-2017 at 8:08 AM.
    • Red-Squirrel
    • By Red-Squirrel 11th Sep 17, 9:42 AM
    • 1,624 Posts
    • 4,368 Thanks
    Red-Squirrel
    Your landlady sounds like a piece of work. Trying to come across all friendly like she's looking out for you but always sneaking in that request for copies of every letter you are sent really looking out for herself.

    Don't believe a word she says.
    • G_M
    • By G_M 11th Sep 17, 10:41 AM
    • 41,077 Posts
    • 47,207 Thanks
    G_M
    After chasing so many times and no response, finally got a response from LL asking for more updates. Again not sure on this.

    I have spoken to a tennent round the corner in one of the other properties she has, they are going through the same, one of them is turning up on the court date, I am probably going to go aswel. As at the moment I am having no luck with finding somewhere to go, I was in the middle of looking for area's to buy, now I will have to potentially go in to another share (which I didnt want to do if possible, rent somewhere on my own (which is an inconvenience) or be forced in to rush buying (again didnt want to do).


    Hi XXXXX

    I think I'm missing an email here?

    You can't legally be given two months notice until AFTER the Court hearing - they are breaking the law. All tenants have to be given two months notice and as I am still legally managing the houses up to the point a judge says otherwise, (& even then they are legally bound to give two months notice AFTEr the court date!) hey are just using illegal scare tactics! This is what I've been dealing with for the past ten years...

    What have the solicitors said to make you think otherwise, have you spoken to them? Because they shouldn't speak to you?

    Also I plan to get the arrears paid off before the court date so this won't be happening anyway as they can't take me to court with no arrears!

    I won't let you be in the XXXX don't worry. If I go to court and lose I will tell you, but it's not going to happen, the list of illegal things they've done is yards long.
    I've reported them to the Financial Ombudsman.

    Please bear with me and sit tight and don't panic, but do forward me anything you've been sent.

    Take care,




    =========================
    Originally posted by dmo84
    I don't fully understand thiss post - but you don't fully uderstand the rocess.

    The court hearing is not a standard S21 hearing for a L to take possession from a tenant.

    This hearing is an application by a mortgage lender to take possession from the landlord. So yes, if granted, the lender could then serve a S21 Notice, wait 2 months, and then apply for possession from thhe tenant.

    However tere is a risk that the lender could simultaneously apply for possession from the landlord and the tenant. That is why it is important the tenant appears in court, ideally after submitting form Form N244 ot the court in advance.

    As explained, in full, in the link provided 87 posts ago.
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