party to the action, court

sultry33

hello im in need of advice if pos.

on 15th sept i was served with a notice to quit due to my landlord needing to sell after her mortgage arreas of 9 payments.
i have been intouch with my council and they said to look for property but to not move until i have to, ie not worry about nov15th deadline.

today i opened letter to my landlord from court, agent asked me to open mail, get rid of junk mail.

the mortgage company are taking notice of possesion to landlord.

it appears that landlord did not declare she was renting. im now worried incase i cant find property in timescale of november. i need specialised housing due to my son disability.

also agent told me that landlord has now sold... what can i do?

court said to make a PARTY TO THE ACTION claim but what does this entail? any help be great

thanks:D

silvercar

you need to show this letter to the council so they know you are likely to be evicted. Also notify the lender that you are renting the property under an AST.

Either the landlord has sold or the lender are repossessing - it can't be both!

clutton_2

even if the lender is repossessing the house, i think you will still need a court order to get your out.

Xbigman

I would be surprized if the property was sold without you noticing. There would have been viewings and EA signs outside by now.
Repossession is possible, but again, you should have had a lot of post from the mortgage holder and court before this so possibly it is early in the process.
You need to let the council know as already said above. With a disabled child the council will house you fairly quickly, but not until you are evicted. Likewise, let the mortgage holder know immediately. You are a sitting tenant with a lease so any new owner will find it hard to get you out before the lease expires. If it does come to court action you can ask for more time on the grounds your son is disabled, you will probably get it.

I think a party to the action claim simply gets you officially recognized in the repossession process. I'm not familiar enough with it to advise on this so see your local citizens advice bureau and local court clerks to find out how to proceed.
Regards



X

Alleycat

Hi, have you made a homeless application to your local authority or just been in for some advice? If you haven't I would suggest making an appointment as soon as you can for a homeless application. You can also ask for advice on this party to the action form you have received.

If the landlord has sold the property then it would be up to the new owners to evict you by the correct means i.e. two months/8 weeks notice, courts etc. However, if it hasn't been sold and the mortgage company are going to repossess then they can get a court order pretty quickly and you would be legally obliged to move out. This is why it is imperative that you get the ball rolling with your local authority. As you have children and you are not at fault you would most likely be eligible for priority and the homeless team would have a duty to provide you with temporary accommodation suitable to your needs if you need it.

sultry33

Thanks everyone.
i have been to council as i was issued with a notice to quit on 15/9/06 which runs out on 15/9/06.

the council have put me on there list and im to also look at rental propertys.

i knew landlord was selling as this was reason why i was served notice to quit.
a guy came round and viewed property, then surveyor...

however i dont think the mortgage company know that she has sold the property... the agency i go through said it was in process of being sold.. so think it is def going ahead.

there have been numerous letters that usually are junk but yesterday it was from county court stating mortgage comp as repossessing home grounds.

i have tenancy and everything so hopefully this will be ok, im hoping to at least get through xmas, well unless a suitable property comes up. im also worryied about my rent in advance and deposit which totals £1,800 apparently i cannot get deposit back until 10days after i vacate property.

BobProperty

I assume you mean 15/11 on the second date.
You need to make sure the landlord doesn't ignore the repossession hearing thinking he'll be OK because the house is sold. He needs to prove that to the mortgage company or they will go ahead with the repossession. If he doesn't turn up in court the judge will award the mortgagor possession and give them a date. If, for instance, he has been renting the place on the quiet and they have another address for him, they could assume the place is empty and the judge will give 14 or 28 days possession. You are getting notice served there because that's what happens in case someone other than the mortgagee is living in the premises, so they know that the court process is occurring. They therefore don't get the baliff turning up without warning.