Eviction due to court order against landlord

Lkn_2

Well, the title kind of sums it up really. Myself and girlfriend are due to be evicted in a couple of weeks through no fault of our own and, as far as I can see, we stand to lose a fair amount of money.

the landlord is attempting to save the flat and states that it is definitely safe and awaiting confirmation. The court and complainant have no records of this yet. Obviously, we are not keen to leave it till the last minute to find somewhere new and we're not sure whether to trust that this is as definite as has been stated.

If it's not saved this week and we find somewhere new, if the landlord then saves it next week (the last week) does anyone know where we stand in terms of 2 months notice and rent? Surely the court can't expect us to pay 2 months rent here for notice (if it is saved) because we'll have moved on?!

With prematurely cancelled broadband contract, etc, moving costs and rent we could end up a couple of grand down. does anyone know how we stand in terms of rent if we move out and then the flat is saved? We seem to be knackered whatever we do, seems a bit harsh on us the tenants.

clutton_2

do you know who the landlords mortgage lender is ?

is the property being repossessed - if so by whom ?

the lender may not know you live there if the LL has not told them. So write to teh court, and to the lender telling them you exist, sending a copy of your tenancy agreement, so that they know to take you inot account as the tenant.

having said all that - the contract between landord and tenant takes second place to the contract betweent the landlord and the lender - but if the court now know you live there, they may award a little longert time for you to find somewhere else

when did you last sign a tenancy agreement ?

Jowo_2

The following link from Shelter should answer all your questions:-

Most tenants are in a weak position if their landlord's lender wants to repossess the property. But you may have some protection from eviction if your tenancy is binding on the landlord's lender (i.e. if your landlord bought the property through a 'buy-to-let' mortgage). If not, you will have to look at other options.
In many cases, the lender's right to repossess the property overrides the tenants' right to live there.

http://england.shelter.org.uk/get_advice/eviction/repossession_by_a_landlords_lender

SouthCoast

Advice from Shelter:


http://england.shelter.org.uk/get_advice/repossession/repossession_by_a_landlords_lender

SouthCoast

Snap........................

Lkn_2

Thank you for the replies, I've read through everything I can find on the internet but it doesn't seem to state what happens if the flat is saved at the last minute.

The lender didn't know the flat had been rented but they do now. None of them will discuss any details with us though, may even be willing to put in an offer but they wouldn't disucss that either. I've spoken to shelter but the chap was a bit vague and he's the one who mentioned that the landlord could save it right up to the eviction date but was a bit vague on the money situation.

The way it looks is that we have to hope the flat isn't saved because, if we have moved on which seems like a reasonable thing to do, we won't have had chance to give 2 months notice. I think the landlord could try and then get 2 months worth of rent even though we'll have moved. The 1 year agreement was signed in Nov.

Jowo_2

If you are in a fixed term agreement until late this year, I'm a bit baffled by your reference to having to give 2 months notice?

Do you have a clause in your contract that allows you to give 2 months notice at any point during your 1 year contract because that's unusual?

A fixed term contract is usually that, though there is sometimes a break clause in the middle of a 1 year contract.

Lkn_2

The agreement runs for 1 year but after 4 months you have to give 2 months notice so I suppose it's 6 months fixed and the rest is just 2 months notice I suppose.

Jowo_2

Lkn wrote: »

Thank you for the replies, I've read through everything I can find on the internet but it doesn't seem to state what happens if the flat is saved at the last minute.

.

My assumption is that the tenancy continues as before until either the landlord or the tenant serves the correct notice to end it, since the lender failed to end the tenancy through the courts by gaining possession of the property.

On the following link that covers eviction and possession (albeit by the landlord rather than lender), it states that "If the case is dismissed you have the right to remain in your home with the same conditions as before".

http://england.shelter.org.uk/get_advice/eviction/court_action_for_eviction/court_orders#4

Here is a link on how to end a tenancy

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence

Jowo_2

Lkn wrote: »

The agreement runs for 1 year but after 4 months you have to give 2 months notice so I suppose it's 6 months fixed and the rest is just 2 months notice I suppose.

Don't suppose. Re-read it. Feel free to post the clause here if its not clear.

It's a strange agreement, in my opinion, as year long ones tend to have a breakclause which can be acted upon halfway through and once the time has passed, the tenants are locked into the remaining half of the tenancy.

I'm not saying that you're wrong, by the way, just saying that it's not a particularly common way of setting up an AST.

Lkn_2

Ok thanks, it does seem like we could have a problem if it is saved last minute.

Although I've just thought, the contract states that the landlord has permission from the lender. As they clearly have not (and we've been told this) then maybe that contract is not up to much in the first place?