landlords mortgage arrears

G_M

If there is no BTL / CTL mortgage, and the lender applies for possesion, the court could grant immediate possession. So no, not two months.

However, since the 2010 Act, and assuming the tenant goes to court and asks the court to use its discretion, the the court is likely to grant 2 months.

If there is BTL/ CTL, then the lender has to comply with the tenancy. Since it is about to become Periodic, the lender could give 2 months notice.

donsey_72

The letter i posted yesterday has come back,so wondering now if a BTL is in place,so she is recieving her mail,she must be ingnoring her lender,very frustrating i will just have to wait and see and my only answer is to look out for " the occupiers" letter.

BitterAndTwisted

If the lender is gong to repo you will get that "To The Occupant" letter. Once received you MUST make your presence felt at the hearing.

Once that all starts, you should get up to the HA's office with the documentation. This will have an effect on your priority on the list. "Imminent Homelessness" is the number one.

donsey_72

A quick update,all is very quiet here at present,no further visits as yet,has anyone had any experience to mine,feeling very unsettled at present,always waiting for the post.


If the lender is going to repossess this property how long do they take,going to periodic in just under a week,the landlord said that they wanted more rent money after the fixed period,but no contact as yet,but they can go and whistle nothing in the contract about a rent rise anyway.

dancingfairy

Unfortunately it's a kind of a how long is a piece of string type question All lenders move at different speeds and have their own processes etc. It also depends on whether the landlord/lady is communicating with them in an attempt to stave off repossession or whether they are trying to play for extra time - you just don't know
From what I have read on here you can't just be kicked out though - they have to give you notice and this will probably push you higher up the council's priority list. I believe they have to give you notice and then if you still don't move out they have to go back to court to get permission to use bailiffs, then you have to wait for the bailiffs to actually get around to you - which could take several weeks/months in itself. At which point you will be technically homless and the council really will have to house you - even if in emergency acocodation for a (hopefully) short time.
Perhaps have a look onthe Shelter website or maybe give them a quick call for more help and info?
df

dancingfairy

Oh and to be honest bailiffs are a long way off right now and frankly they should have no issues with you as it's not you that's in the wrong here - it's your landlord. Bailiffs have a job to do and should be professional - at the end of the day they want the least amount of hassle for everybody concerned. They have rules and procedures which they must follow and you(or they) are allowed to call the police if you fear a breach of the peace. Anyway all of this is in the future. I just wanted to reassure you in case this was worrying you - although I can understand being unsettled by the whole situation.
Best wishes.
df
P.S in terms of speed of each individual lender I would maybe have a look on the bankruptcy board on here as some people on there have had their houses repossessed and they may be able to give you a rough idea of time frames for their situation.

BitterAndTwisted

The first thing that will happen is the "To the Occupier" letter notifying you of the court-date. This might be the time to speak your homelessness unit at the council. Depending on how much demand there is in your area, they might advise you to sit tight until the lender has gone to court to have bailiffs attend. Do not fail to attend court and make your family's presence known. Keep in touch with the council every step of the way.

If your landlady gets in touch trying to increase your rent she cannot do this without you either signing another AST at the higher rent, and there's little point if the property is going to be repo'd or she issues you with a Section 13 Notice (I think it's Section 13 but it could be an 11. Can't remember).

Can you please update this thread with the next development so we know how you're getting on?

Paul_the_Painter

It is unlikely that you'll get another visit from NCI, or anyone else connected with the Landlords mortgage company.

They have attended the property, you have been up-front and honest with them, and they now know the exact circumstances. i.e. that there is a valid tenancy agreement in place.

If they were to make any more visits to the house, they could be accused of harrasment etc, as they are quite aware that you are not the owner of the property, and of course don't owe them any money!

When and if you do recieve a letter addressed "to the Occupier" about this, I would immediately cancel the direct debit/Standing order for your rent, and start to pay it into a seperate account. Just because your home is being repossed in the future, does not mean you can decide to not pay rent anymore, but it may be unclear WHO you are meant to be paying it to. Especially as you are almost certainly paying rent in advance, you don't want to be paying you Landlord for rent that after repossesion, will be properly due to the mortagage company.

When you are at the repossession hearing, tell the judge what you have done, and ask who you should pay what to. Haves dates and amounts to hand!

Of course until you recieve anything official such as the "to the Occupier" letter, you should continue to pay rent as normal.

However RIGHT NOW you need to check that your deposit has been protected, and still is proteceted.

donsey_72

I didnt have to pay a deposit thank god,just one months rent up front,direct with the landlady.

Ive got all my bank statements in order showing every months payment to a totally different name to landladys by standing order!

Bitter and Twisted i will most certainly update you on here thank you for your advise :-)

Normally my housing association is not too bad the waiting time about 16 to 18months in my area,been on the list 12 months now,so maybe i will get a place sooner then a repossession here if there is going to be.

Very frustrating still,wished the landlady could warn me if she was in trouble so i knew where i stood,but then again if shes getting rent money in her own pocket and not paying her mortgage well its says it all.

Thank you all so very much for your advise.will update if any more news.

donsey_72

hi all,had the landlord on my doorstep about an hour ago,asking me if i was going to take on another contract,of which i said no,


my fixed term ends today,periodic tomorrow,because i wont take another contract which i wouldnt as of my past post explaining my situation,also many problems with the place,which is another story.

the landlady has just handed me section 21,so ive got until the 31st of march to go.

ive read through it stating todays date,hope its correct which i think it is,


i dont have any choice but to go to my council for help,we dont have any money for anywhere else,

what i need to know is will the council help me,as we will be homeless in 2 months time.

thanks guys.