Urgent - Notice of Eviction advice please

andyg_prs

Hi,

We rent a house, have been here for ~21 months and have had to deal with various repossession threats due to the landlord not paying the mortgage regularly.

He is always very relaxed about it if / when we can get in touch with him, blames it on some admin error and at the last minute he pays his arrears and the threat is lifted.

This time, we went away for a few days and came back Monday night to find that a 'Notice that your home is at risk - LT28' was sent by the Lender's solicitors on the 22nd June and a Notice of Eviction had been served on us on the 23rd June by the County Court for 1pm 12th July.

As advised in the first document, I contacted the Solicitor's office and they were vague about the execution of the eviction notice saying they gave 2 weeks to give people a decent chance to respond. The form mentioned the ability to delay the eviction by up to 2 months and they advised I should send them proof of rent payments (we have a perfect record) and a copy of the tenancy agreement. I asked if a letter about our circumstances would help and they said it would. In a nut shell, 2 adults working from home, a 19 year old boy, and 8 year old severely disabled and autistic boy and 2 dogs....all making it virtually impossible to find a suitable new rental in the time available. We were also going to go on holiday on the 11th July....nightmare....

I also contacted the landlord leaving a voicemail and got a text saying he had cleared the debt...but of course this doesn't stop the eviction from being carried out.

This morning I sent off all the documentation to the Solicitor by registered post.

However, I feel I should be doing more. I have seen talk of an N244 form but I'm at a loss really as to the best way to protect my family.

Can anyone please give any advice?

Many thanks in advance,
Andy

franklee

andyg_prs wrote: »

As advised in the first document, I contacted the Solicitor's office and they were vague about the execution of the eviction notice saying they gave 2 weeks to give people a decent chance to respond. The form mentioned the ability to delay the eviction by up to 2 months and they advised I should send them proof of rent payments (we have a perfect record) and a copy of the tenancy agreement.

Checkout the sticky thread and read the guidelines for the Mortgage Repossessions (Protection of Tenants etc) and Shelter page linked to in it here:
http://forums.moneysavingexpert.com/showpost.php?p=42187220&postcount=405

andyg_prs

Thanks. It seems the solicitor has asked for the same info that the court would require with an N244 form.

I think I will call the Solictor tomorrow and make sure I get through to someone that can tell me exactly what they are doing with the info and how quickly the Lender will respond. But I guess I can't rely on what they say over the phone?

Does the Solicitor have to advise if the Lender had approved the tenancy (or if the LL has a buy to let tenancy)? The eviction notice is 3 weeks from the at risk notice which seem like it would be illegal if the tenancy is binding on the LL's Lender?

In either case it would seem that with only 12 days to work with I should go to the Court immediately and submit the N244?

Your advice is appreciated.

Thanks,
Andy

andyg_prs

I have proof it's a buy to let mortgage but the Lender's Solicitors say the Eviction Notice is legal. I don't understand?

FireWyrm

andyg_prs wrote: »

I have proof it's a buy to let mortgage but the Lender's Solicitors say the Eviction Notice is legal. I don't understand?

Find out from the solicitor what is going on - call him every 5 minutes if you have to. Get yourself to that court with your papers and ask to be heard. You are the tenant and you have rights. It sounds like you're being lost between the cracks in a tug of war between the LL and the Lender. Alternatively, squat in the property and refuse eviction. Someone will have to take notice of you, but it's better if you get some professional advice of your own first. Dont just take what the LL solicitor says, get your own and get someone who knows what they are doing on your side. Try the CAB urgently, they'll be able to advise in depth what to do next. It sounds like you need to move quick on this one.

jamie11

andyg_prs wrote: »

I have proof it's a buy to let mortgage but the Lender's Solicitors say the Eviction Notice is legal. I don't understand?

It sounds as if the lenders have already foreclosed on the mortgage and are relying on a S8 ground 2.

OP can you investigate that aspect, if they have foreclosed then your rent should not be going to the landlord.

Try to speak directly to the lender's legal department.

[Deleted User]

I know u need to give priority to sorting this situation out.., but would it be also advisable to look for another tenancy. If you are served an eviction notice., surely u would qualify to apply for local authority housing?

I realise its not ideal., but the atmosphere must be terrible for you all.

andyg_prs

Called Lender, couldn't speak with legal department but lady in customer services kept taking questions and putting me on hold then coming back to me - she was trying to be helpful. She let slip that basically it was beyond the point of no return and property would be re-possessed. She started by saying that legally they couldn't evict...then I told her what was on the solicitor's letter and she advised to go to court....

Just trying to get through to someone...not clear on what should go on the N244 on the claimant's name (including ref) and defendant's name (including ref) sections.....as we are just the tenants....any ideas?

silvercar

andyg_prs wrote: »

I have proof it's a buy to let mortgage but the Lender's Solicitors say the Eviction Notice is legal. I don't understand?

The fact that it is a BTL mortgage and that the lender acknowledges this is so and still tries to secure an eviction is very poor.

If this is widespread it makes the whole value of ensuring a BTL mortgage worthless. Especially given that the protection of tenants recent law should give a tenant 2 months stay.

andyg_prs

N244 in - mad rush to get everything to the Court before it closed at 4pm. Apparently I can call up on Monday afternoon to find out the hearing date but should be Weds - Fri next week - pretty quick.

Assuming (let's be optimistic) they give us 2 months....what is the status of the tenancy agreement eg if we find somewhere quickly, do we have to give our normal notice? In either case do we have the normal inventory check where we have to clean the carpets, touch up the walls etc to get our deposit back in full or is that different with the lender taking ownership. Do we have any comeback against the landlord....we certainly haven't had 'quiet enjoyment' of the property....?

RAS

Is your deposit registered with any of the three schemes?