Landlord hasn't paid mortgage, going to be evicted

retnox

Hi,

I moved into a rented property on 27 Feb 2009. I have always paid the rent on time. My rent gets paid to the estate agent, not the landlord.

I got a letter addressed to "the occupier" on 30 June 2009 which was from the local county court saying I will be evicted on the 30 July 2009!!
I spoke to the plaintiff "TLT solicitors" listed on the eviction notice, and they said the eviction was due to the mortgage company, "Rooftop Mortgages" not receiving payment on the mortgage.

I spoke to the estate agent who said that the landlord has already been in touch and not to worry, apparantly the landlord is a buy-to-let investor with a lot of properties and had to restructure her finances with the end result being that it is all sorted...

I phoned TLT Solicitors again yesterday and they told me they had not received any instruction to withdraw the eviction order, from Rooftop Mortgages.
Sooo... it looks like I have been fed a whole bunch of baloney from the estate agent. I called the estate agent first thing, and they then admitted to having had a lot of problems with this landlord, they said they have 4-5 properties of hers on their books and tenants in her properties have had eviction notices served in the past, however they said she always sorts her issues out at the last minute and no tenants (to date) have ever actually been evicted.

The estate agent said they would phone the landlord and ask her whats going on. They did this and phoned me back an hour later to say the phone number for the landlord is going to voicemail saying she is abroad!!!
So they are concerned that the eviction will indeed go ahead if she isn't back in the country to sort her affairs by the date of the eviction, 30 July.

My question to you wonderful people who have so kindly read through my waffle:

1) If the bailiff does turn up, will she give me time to move all my stuff out? Or is it a case of, "Hi, I'm the bailiff, here's the eviction notice, get out" while she changes the locks?

2) Should I pay the rent due to go out on 27 July, for the period 27 July -> 27 August (this would be the sixth and final payment pursuant to the Assured Shorthold Tenancy I have signed), or should I cancel it?
The estate agent has obviously said pay it, but if I am kicked out on the 30th July, it's going to take a few days before the money will be repaid to me by the estate agents, while I will have to pay money out to move into a new place...
But on the flip-side, if I cancel it, I worry that will affect the reference I will need to give to the next landlord...


Thanks for your time and any advice you can give...

Swipe

Sorry to hear that. I'd hold back the rent and see what happens on 30th July.

KeepYourChinUp_2

Hold back the rent as you will be paying in advance, do not spend it though.
Look for somewhere new to live.

Take copies of the eviction notices and any other such. You can use these to prove to your next landlord the reason for with holding the last months rent.

I cant answer anything to do with the baliffs I have no experience of that.

However even if its all sorted out last minute the worst then is that you pay your rent a few days late I really wouldnt hold your breath on a possible refund they will tell you anything to get you to pay as the estate agent willl take their fee from your rent before passing it on most likely. I would still look for a new landlord even if it is sorted.

barnaby-bear

retnox wrote: »

Hi,

I moved into a rented property on 27 Feb 2009. I have always paid the rent on time. My rent gets paid to the estate agent, not the landlord.

I got a letter addressed to "the occupier" on 30 June 2009 which was from the local county court saying I will be evicted on the 30 July 2009!!
I spoke to the plaintiff "TLT solicitors" listed on the eviction notice, and they said the eviction was due to the mortgage company, "Rooftop Mortgages" not receiving payment on the mortgage.

I spoke to the estate agent who said that the landlord has already been in touch and not to worry, apparantly the landlord is a buy-to-let investor with a lot of properties and had to restructure her finances with the end result being that it is all sorted...

I phoned TLT Solicitors again yesterday and they told me they had not received any instruction to withdraw the eviction order, from Rooftop Mortgages.
Sooo... it looks like I have been fed a whole bunch of baloney from the estate agent. I called the estate agent first thing, and they then admitted to having had a lot of problems with this landlord, they said they have 4-5 properties of hers on their books and tenants in her properties have had eviction notices served in the past, however they said she always sorts her issues out at the last minute and no tenants (to date) have ever actually been evicted.

The estate agent said they would phone the landlord and ask her whats going on. They did this and phoned me back an hour later to say the phone number for the landlord is going to voicemail saying she is abroad!!!
So they are concerned that the eviction will indeed go ahead if she isn't back in the country to sort her affairs by the date of the eviction, 30 July.

My question to you wonderful people who have so kindly read through my waffle:

1) If the bailiff does turn up, will she give me time to move all my stuff out? Or is it a case of, "Hi, I'm the bailiff, here's the eviction notice, get out" while she changes the locks?

2) Should I pay the rent due to go out on 27 July, for the period 27 July -> 27 August (this would be the sixth and final payment pursuant to the Assured Shorthold Tenancy I have signed), or should I cancel it?
The estate agent has obviously said pay it, but if I am kicked out on the 30th July, it's going to take a few days before the money will be repaid to me by the estate agents, while I will have to pay money out to move into a new place...
But on the flip-side, if I cancel it, I worry that will affect the reference I will need to give to the next landlord...



Thanks for your time and any advice you can give...

My friend's were given 30 minutes to sticker anything that was theirs while the locks were being changed after proving they had a 'tenancy' agreement - then locked out with their stuff inside and allowed to go back a week later to get it. The tenancy basically is worthless in this situation - I would let the mortgage company know you are there with a copy of the tenancy and ask for them to inform you about the arrangmeents.

I wouldn't worry about the reference, basically use the letting agent/bank statements to let them know paid on time until the eviction, you have documentary evidence that the tenancy ceased to exist (no house to rent) and besides your LL sounds like they may not be contactable.

Shelter can give advice - I think they recommend not paying the rent and keeping it in a ringfenced acount until proof there is a house to rent.

Have you got your TDS details.

Keep details of all your costs - time off, removals, accommodation costs, fees incurred, phone calls etc - you can claim this off the LL via small claims as consequence of breaking their contract. However you need to find them/or assets i.e. put a charge on their family home and it maynot be easy if they are in financial basketcase land......

P.S. I hope your LL has a cr&p holiday and gets swine flu....

Richard_Webster

You may be able to apply to the County Court to obtain more time. If you were never given notice of the proceedings the court may feel that you should have longer to find somewhere else. Talk to the Court offices - it may be possible to make an application for a stay of eviction.

SouthCoast

Contact Shelter.

If your landlord's lender wants to repossess the property you are renting, you may not have many options. You may have some protection from eviction if your tenancy is binding on the landlord's lender. If not, you will have to look at other options.

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

delain

Could you not pay said rent money to the mortgage agency?
The landlord would really not be in any position to argue!

I don't know anything aabout property but it sounds like an idea to me.

barnaby-bear

delain wrote: »

Could you not pay said rent money to the mortgage agency?
The landlord would really not be in any position to argue!

I don't know anything aabout property but it sounds like an idea to me.

The rental agents are agents of the LL and if they are paid may deduct monies owed to them.

The mortgage company usually will not accept rent because at the moment they have possession granted - accepting rent would acknowledge tenancy and give tenant more rights to stay...