How to stop repossession

inneed2011

Third time around for the eviction date. Any ideas on how to stop the eviction.....................tried the 2 months with the tenants...........and just want the tenant out and my house back. Will end up owing the bank too much money. Any advice welcome. Originally it was my residential house. Could not afford to live there so it became tenanted. Tenant realised I was in financial dire straits and stopped paying mortgage.

moesasji

If you asking for help it would be helpful if you ask the question clearly and provide all the needed information as it is not very clear to mo what is happening. Who is being evicted and/or facing repossession? I would suggest that you clarify your post....think about the following things for example:

1) It sounds like your bank has started repossession hearings is that correct?
2) The tenant apparently has an AST on which you seem to have given notice. Is this done correctly (so after the fixed term has expired, two month notice from a rent payment date, etc?)
3) Do you have consent to let from your bank?
4) Did you protect the deposit (assuming that this is an AST from >2007)? (my understanding is that eviction is automatically not valid if you failed to follow the law on this for example)

G_M

Tenant realised I was in financial dire straits and stopped paying mortgage.

Apart from the disjointed (lack of) explanation) about what is going on, you totally lost any sympathy I might have had at this point.

Tenants do not pay mortgages. Property owners do. You own the property? YOU stopped paying the mortgage.

Darlyd

G_M wrote: »

Apart from the disjointed (lack of) explanation) about what is going on, you totally lost any sympathy I might have had at this point.

Tenants do not pay mortgages. Property owners do. You own the property? YOU stopped paying the mortgage.

Obviously because the Tenants stopped paying their rent.

G_M

Errr, yes! But tenants not paying rent is neither an excuse nor a reason for the owner not to pay the mortgage. If you let property, you should have contingency funds for this, or any one of a number of other eventualities.

The attitude that 'the tenant pays my mortgage' is inappropriate.

Henry_P_Chester

If you were in such a dire financial position financially why did you take the risk of letting the property? Maybe you should consider selling before repossession.

Procrastinator333

inneed2011 wrote: »

Any ideas on how to stop the eviction.....................

Yep. Pay them what you owe.

jamie11

Presumably you are having problems paying the mortgage because the tenants stopped paying their rent.

1. Are the tenants on LHA? If so call the council and get their claim suspended and ask for it to be paid directly to yourself.

2. If the tenant is two months unpaid (that's two rent days missed) you will be able to issue a S8 on grounds 8,10,and 11. if they do not pay up by then proceed to issue court proceedings, this will take a few weeks to get through, providing there are two months owing at the time of the hearing then ground 8 is mandatory upon the judge to grant you possession. He will give the tenants anything from 14 to 42 days to vacate, if they still do not leave you will have to use the court bailiff service to put them out of the door. Always change the locks after an eviction

3. Issue a S21 as well as the S8, there are different rules to follow if the tenancy is within a fixed period or is a statutory periodic tenancy. If you need to, just ask and it will be explained.

4, The two rent days missed means that if (as is usual) the rent is due in advance, then if the first month is not paid at all and then nothing is paid on he next rent day, then that is two months owed and you can issue the S8 the following day.

Do your best to at least pay something on your mortgage if only to show good faith and intentions.

If you do not get a court order for what is owed at the time of the hearing you may have to use mcol.

That way you can at least make sure they have a ccj on their cards.

mbga9pgf

Q. How to stop repossession

A. Pay your mortgage.