Landlord is being evicted (Scotland)

SteveGB75

Northern rock have obtained a possession order for my Landlords property. I came home today to find a letter with his name on it from sheriff officers stating that they will be coming to take my landlords car and possessions from the house and evict him and anybody inside the home on the 19th of January.

I've rented this place for 5 and a half years and not a single item in the house belongs to the landlord. I spoke to the landlord straight away and he has been paying the mortgage but he owes Northern Rock £8800 from a £25000 secured loan he took out 5 years ago. He says he is in contact with Northern Rock and is trying to negotiate some sort of payment plan.

I just want to ask if anyone knows if it is possible to stop the eviction happening on the 19th, at least temporarily until I can find somewhere for my wife and 2 children to live. It's a bit of a nightmare having to basically vanish from a place that you have spent the last 5 years living in, in 7 days.

Any advice would be greatly appreciated.

Jowo_2

Shelter Scotland is your best bet for expert advice - call their homelessness line or see if they have a local drop in office. Their website should have a section for tenants facing eviction caused by repossession of the property by the lender.

I can't speak for the law in Scotland but in England, there is a difference in the way tenants are treated if the landlord hasn't got consent from the lender to rent the property compared with when they have. This might be a factor for you.

property.advert

Will NR sell the house to you (I know there is a process but for the sake of simplicity) on the strength that you have been paying rent on it for 5.5 years at a rate which is presumably much higher than a mortgage ?

Even without a deposit, the net result to NR and to your LL is likely to be better than public auction or a drawn out sale.

NR have a duty to their shareholders and the government to mitigate any and all losses and act prudently and I cannot think of any other solution which would end up with them being better off.

A highly unusual approach perhaps but I would stress the duties of their directors. Maybe buy a share or two in NR ? and approach as a shareholder.

silvercar

I've rented this place for 5 and a half years and not a single item in the house belongs to the landlord. I spoke to the landlord straight away and he has been paying the mortgage but he owes Northern Rock £8800 from a £25000 secured loan he took out 5 years ago. He says he is in contact with Northern Rock and is trying to negotiate some sort of payment plan.

Very open landlord. Ask him if he has consent to let on the mortgage. If he has then NR must acknowledge your rights as a tenant protected by the AST.

roger196

I know the Scottish Government are looking into this problem generally. Might be worth ringing them on 0131-244-5518 or emailing [EMAIL="housingsupport@scotland.gsi.gov.uk"]housingsupport@scotland.gsi.gov.uk[/EMAIL].
The minister involved is Alex Neil MSP. Let us know how you get on.

Background
The Home Owner and Debtor Protection ( Scotland) Bill was introduced to Parliament in October 2009 and is now going through the public consultation stage. Comments had to be in by 6th November 2009.

SteveGB75

Jowo wrote: »

Shelter Scotland is your best bet for expert advice - call their homelessness line or see if they have a local drop in office. Their website should have a section for tenants facing eviction caused by repossession of the property by the lender.

I have their number, I'll give them a call and see what they say. My local council also has an emergency homeless number which I'll ring also.

property.advert wrote: »

Will NR sell the house to you (I know there is a process but for the sake of simplicity) on the strength that you have been paying rent on it for 5.5 years at a rate which is presumably much higher than a mortgage ?

It's an option I thought of and I shall contact NR if the LL fails to successfully negotiate a payment plan with them between now and Friday.

Also, would it be worth my while contacting NR today and let them know that I have been in the property for 5.5 years. as far as I know they aren't aware that I am resident in the property.

silvercar wrote: »

Very open landlord. Ask him if he has consent to let on the mortgage. If he has then NR must acknowledge your rights as a tenant protected by the AST.

The LL is very open as he is my friends Father, which can be both a blessing and a curse. I shall ask him today if the mortgage is by to let.

roger196 wrote: »

I know the Scottish Government are looking into this problem generally. Might be worth ringing them on 0131-244-5518 or emailing [EMAIL="housingsupport@scotland.gsi.gov.uk"]housingsupport@scotland.gsi.gov.uk[/EMAIL].
The minister involved is Alex Neil MSP. Let us know how you get on.

Thanks very much for that roger, I'll contact them today.


Thank you all for your advice. I plan on calling shelter Scotland, my local council, CAB and the Government housing support contact and possibly NR to let them know that someone other than their debt has been living here for over 5 years.

I suppose it would also be wise to hit my local B&Q and stock up on boxes, bags, and packing tape as well in case the sheriffs want to kick my family out on the street