Going to Court on the 11/080 advice needed

roxorx

clutton wrote: »

i am sorry you have been given totally incorrect information here - your legal contract is with the LL - not with Northern Rock - your LL has defaulted on her legal contract to pay the mortgage -THAT contract takes precedence in law. The judge cannot allow you to continue to stay there for months - and no this is not fair, but, it is the law.

i would seriously start to look for somewhere to live very quickly indeed.

i would go to the court as others suggest, taking your tenancy agreement - but be prepared to be given 28 days to leave

Exactly right, as I understand you may be able to swing up to a month to move out should everything go t*ts up between your LL and the provider.

PasturesNew

Going to court will just ensure they know you are in there, so they know your stuff is in there.

If the LL has a proper permission to let or a propert BTL mortgage then you'd be entitled to stay there until the end date of your current AST.

If there is no knowledge that the property has been let out then at least it means they know you are there and so you will be able to get a date to remove your stuff in an orderly fashion (rather than randomly coming home one night to find the locks changed and your stuff gone).

franklee

Stuff if they're expecting you to speak or not, make sure you do. That is make sure you tell them you are the tenant renting the property and the date your tenancy started. I would take along the tenancy agreement or all tenancy agreements if you've had more than one at the property.

Whether or not you will have any protection from your tenancy agreement depends on two things:

o Did the landlord have the lender's permission to let?

o Did your tenancy start before the mortgage was taken out? Given people tend to have fairly short deals these days of say 2 years fixed rate or so before remortgaging to get another deal it's possible you were there before the mortgage was taken out.

If the answer to both is no then I think you're pretty much stuffed.

If the answer to the first is yes and the second no then you will have some protection from the tenancy agreement but that will probably NOT mean you can stay till the end of the fixed term. It's more likely that you will be given notice under ground 2 The property is subject to a mortgage which was granted before the tenancy started and the lender, usually a bank or building society, wants to sell it, normally to pay off mortgage arrears.. In this case you will be given two months notice. This is a prior notice ground so the landlord should have notified you in writing that it may be used, usually by putting this in the tenancy agreement.

If the answer to the second is yes, then I think it's possible you *may* get to stay till the end of the fixed term.

Whichever turn up at court and make sure they know you are there and how long you have been a tenant of the property. Please come back and let us know how you get on. Meanwhile do start looking to arrange moving. Good luck.

Neillgb

Might not be a possibility but could you not discuss the possibility of becoming a tenant of Northern Rock? It might make sense all round. There must be hundreds of people like yourself.

On the other hand if it did make sense it is unlikely the NR people will be interested....

hev_2

There is a legal bit where if the landlord has done a runner then the tenant can ask to speak in front of the judge, and ask for time to find somewhere else.

Basically, Northern Rock want their money, and if the landlord has done a runner and they are not getting paid then they want to get the money they are owed (or at least part of it) by selling the house.

If you do not let them know you are there then they will instruct bailiffs to repossess and you will come home one day to find the locks changed. If the court knows you are there they have to make sure you are served with all the documents concerning repossession and at least they will have the chance to give you a certain amount of grace period to find somewhere else.

I think the best you can hope for is time to find somewhere else - Northern Rock will be chasing their money.

Where is your rent going?

Premier_2

It sounds like the lender is going to request possession of the property under Schedule 2 , Ground 2 of the Housing Act because of default by the borrower (i.e. the LL).

The lender will be granted this*, but your pleas to the court may delay matters to allow you some time to find alternative accomodation. The other reason to go to court yourself is that you'll know immediately just how much time you'll have left in the property.


*You should have been given notice of Grounds for Posession before you signed the TA, which would include this specific provision. If you weren't, you could also raise this matter with the court and if the LL/LA doesn't turn up to prove you were given the notice, the application by the lender for possession may fail.

tbs624

lolo- you’ve been there for quite a while, haven’t you?

Have you continued to pay the rent or did you stop, once you became aware of what was happening with the LL’s mg arrears?

If your tenancy began before the LL took this particular mortgage out you may have more rights: you need to get all your info together, including your tenancy agmt and receipts for deposits, plus bank statements if you have been paying rent by SO.

Rather than waiting until the actual hearing, get some professional advice beforehand. The court can be asked to suspend the Warrant for Possession to allow you extra time to find alternative accommodation, but you need a decent adviser to help you.

Ring Community Legal Advice 0845 345 4 345 M-F 9am-6.30pm They can give you appropriate info on advice availability in your area.

Also talk to the Council’s Housing dept - the Private Sector Rentals team have a Tenancy Relations Officer who can give you valuable guidance ( they’re a busy dept so tell them it’s urgent when you phone). They can help you arrange a deposit bond if necessary so that you can find a new property to rent. Don't try to handle it all by yourself when you have your child(ren) to consider as well.

lisajayne2222

Hiya,
Sorry to possibly worry you but exactly the same thing happened to my neighbour and she was told to be out of the house within 14 days at the court hearing, she had continued paying rent and turned up at the court but the judge wasn't really interested in what she had to say.
My house was also recently repossessed and I was also given 14 days to vacate the property even though I have four children, all said and done the mortgage lender will want to sell the house as quickly as possible. I am not saying that this is what will happen to you but I think you should be prepared.
I would contact your local housing department ASAP.
Best of luck

Debt_Free_Chick

Whether or not the Court is "sympathetic" to you as a tenant, depends on the LL's mortgage.

If the LL had a BTL mortgage, then NR are effectively "a party" to the tenancy so you get a bit more time to get out. But let's be clear here - YOU MUST FIND ANOTHER PROPERTY!!!!

If the LL did not arrange a BTL mortgage with NR then you get less time to move out.

Either way, you're outta there soon so s0d the Court and all that - put your time, effort & money into moving out - pronto!

lolo06

thanks for all your help guys, i am spending all my time looking for a place to move to but im soo worried.

im 20, my credit score in veeerrrryyy low due to my age and previous credit checks. i have no CCJs or anything.im getting worried about getting turned down for a property. and i dont HAVE ANY1 to be my gurantor.

what should i do if that happens, i refuse to be put in some grotty BB when i know i can afford a cheap flat.