HELP - received letter saying being repossessed

dealchaser

My sister took out a tenancy on 20 May this year and had just received a letter addressed to the occupier saying that they Court have granted an appointment for possession of the above on 21/07/2011.

She has called the solicitors this morning but they have told her it is an illegal tenancy as the mortgage does not allow for a tenancy. They would not give her any further information.

What can she do now?

dancingfairy

I would get in touch with Shelter for their help and advice. I think (not 100% sure) that she should
1) start looking for somewhere else asap
2) write to the mortgage company so they are aware formally she is there (phone calls can' t always be proved etc).
Let the letting agency know if you rented through one.
3) Get in contact with the courts and she will probably have to turn up to the hearing to plead for extra time to find new accomodation.
4) stop paying rent until she receives clear directions as to who it's to go to - she may well need it for a new place. The landlord isn't exactly going to start serving notice on her is he/she? Also it makes it less likely they will sue her for the remaining money. I'm not saying it's right to withold the money but it might be necessary to secure another property
Do check all this with Shelter though. National Debtline may also be able to help. Also try your local council - they may be able to provide help and advice and she may possibly be entitled to council help/property.
Best of Luck at this distressing time but it is highly likely that she needs to find somewhere urgently.
df

princeofpounds

There is no such thing as an 'illegal' tenancy. There either is a tenancy or there isn't one.

Your post is not entirely clear but it would seem this is a solicitor's letter advising you that a possession hearing is coming up? And not a letter from the court saying that possession has been awarded?

If the mortgage did not give consent to let then on repossession the tenancy simply ends. However, you cannot be kicked out by anyone except court bailiffs, who will take several weeks to arrive after the enforcement date for the possession order.

You can attend the hearing and ask for the enforcement to be delayed (often a very good idea as you need to find out who won for sure). Recently a new law came in that basically entitles you to 2 months, just as you would get if you were in a normal periodic tenancy. But you must ask for it.

However, it's hard to commit to anything new until the possession order has decided because if the landlord pays all his arrears he might win the case, in which situation you remain bound to your current tenancy. Not very fair, which is why the 2 month delay was brought into law. If you can get your current LL to agree to surrender of the tenancy in writing then it is easier to move.

Don't expect anyone to talk to you. Solicitors will say 'client confidentiality', your current LL may not care any more, his agents might not care either, the court won't help you much as you aren't a party to the case (unless you actually turn up).

Mind you, you will not find bailiffs on your door by suprise, you will have several weeks to find an alternative.

dealchaser

Thank you both.
The letter says "the Court have ganted an appointment for possession of the above property on 21/07/2011 at 12:00". I assumed this meant that it when they will be turning up to repossess the property. Do you think this is the date and time of the court case?

I have spoken to the landlord and she says she is sending a bankers draft to the solicitors to pay off her arrears and we should not worry. We we are worrying. How can I find out if this is going ahead or not. Can I call the Court and ask them?

Invalidation

Call the court and ask them if this is for a hearing for reposession, or an actual visit by court bailiffs to take posession. If it indeed is to take posession then when was the court case actually heard to decide on the reposession and why where you not advised as such.

dealchaser

Thank you. She has called the court but because she does not have a case number they wll not give her any information. Optima Legal have said that they cannot discuss things with her. It seems like we are hitting a brick wall. She is going to try and find somewhere else to live but there are no properties available at the moment.

princeofpounds

I knew this would happen... having been through it myself the system is almost hostile to the innocent victims of these situations. People just hide behind a wall of 'confidentiality' when you are asking the most basic questions which your whole living situation depends upon.

One thing that might help is covering every base with every party. For instance;
- Ask the lawyers for a case number (this is theoretically a public fact so they shouldn't hide it, though they probably will).
- Ask the landlord for a case number - in fact given they are speaking to you then you might find that you can get information from them. Point out that if you don't have a case number you can't confirm when they win their case and so won't be able to pay rent as you will have no proof.
- Contact the court bailiffs and ask their understanding of the situation (may be more helpful as they aren't jobsworths court clerks, plus they would rather you moved on before they had to kick you out)
- Ask the court how you could find a case number if you know the name of one of the parties (they are aupposed to be able to give you procedural advice)
- Ask the court for the cases to be held on the date in question.


One thing I forgot to mention, do not pay any more rent until you have established the true situation. Keep it aside, preferably in a segregated account.

dealchaser

Thank you.
I have asked the court for a case number but they have said they would charge to do a search. How ridiculous. I am waiting for the landlord to call me back and hopefully she will give me the number. I have emailed the bailiffs to see if they can help as having re read the letter the second paragraph says "Our clients reresentative will be in attendance with the Court Bailiff". I am now assuming they are turning up on 21 July to take possession.

princeofpounds

OK looks more like an eviction appointment then.

The court however was meant to notify you of proceedings as an occupier. You should have got a letter, and probably another letter notifying you of the decision too. Odd that these have not been sent and that the first you hear is from the lawyer.

Let us know if you hear any more.

BitterAndTwisted

Yes, it definitely sounds like the bailiffs will attend the property on the 21st of July to enforce possession.

Your sister should not take anything the landlord says at face-value about paying off the arrears as it sounds like it's too late for that. She should start making plans for her onward move immediately and not pay another penny in rent to the landlord.

BitterAndTwisted

princeofpounds wrote: »

OK looks more like an eviction appointment then.

The court however was meant to notify you of proceedings as an occupier. You should have got a letter, and probably another letter notifying you of the decision too. Odd that these have not been sent and that the first you hear is from the lawyer.

Let us know if you hear any more.

Documentation probably was sent to the property but as the OP's sister's tenancy only started on the 20th of May, they were most likely sent before that date.