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Urgent - Notice of Eviction advice please

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24

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  • andyg_prs
    andyg_prs Posts: 78 Forumite
    Yup - not sure which one but yes
  • RAS
    RAS Posts: 35,694 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You need to know which one, particulalrly in this situation.
    If you've have not made a mistake, you've made nothing
  • andyg_prs
    andyg_prs Posts: 78 Forumite
    Found it - The Dispute Service Ltd
  • RAS
    RAS Posts: 35,694 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Did you get a dual signed inventory when you moved in?
    If you've have not made a mistake, you've made nothing
  • silvercar
    silvercar Posts: 49,621 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    andyg_prs wrote: »
    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....?

    No need to be optimistic, by law you should now get 2 months notice. If the landlord has a BTL mortgage you should get to the end of the fixed term if that is longer.

    Yes to normal notice, yes to checkout, though the lender won't have an inventory and the deposit will be held on behalf of the landlord not the lender.

    If you are evicted before the end of the fixed term, then there could be some comeback, though generally if someone is being repo'd they have no cash, so I don't know whether you will get hold of any money!
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • andyg_prs
    andyg_prs Posts: 78 Forumite
    Is there anywhere this law is laid out clearly so I can take it to my hearing in case I got a Magistrate with no idea?
  • silvercar
    silvercar Posts: 49,621 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    andyg_prs wrote: »
    Is there anywhere this law is laid out clearly so I can take it to my hearing in case I got a Magistrate with no idea?


    Try:

    http://www.mablaw.com/2010/04/the-mortgage-repossessions-tenant-protection-act-2010/
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • andyg_prs
    andyg_prs Posts: 78 Forumite
    Still confused how that can be stated but the court issued an Eviction Notice with 3 weeks' notice? Am I missing something?
  • andyg_prs
    andyg_prs Posts: 78 Forumite
    Still looking to equip myself with printed material to take to hearing - probably Weds / Thurs next week - any ideas?
  • theartfullodger
    theartfullodger Posts: 15,709 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sorry to hear about this scumbag buffoon of a Landlord and his inconsiderate lender who only appears to care about his profits...

    Advice from the experts here..
    http://england.shelter.org.uk/get_advice/repossession/repossession_by_a_landlords_lender

    .. including...
    You can ask for the repossession to be delayed for up to two months at any one of these points in the process:
    • at the repossession hearing
    • after the court has made an order for possession
    • at the warrant stage.
    try 'phoning Shelter on 0808 800 4444 but expect a wait as these excellent people are hugely overworked at their charity...
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