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Advice on eviction
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The judge "probably" can't force you to maintain ownership of the house indefinitely just to comply with the contract. Unless housing law is different to normal contract law.It's a residential mortgage the lender has no idea they live there, and the 'contract' was completed three months after the completion.
One question if we applied for repossession and a judge rubber stamps it without my parents defending it, would the judges decision over ride this contract, ie if the judge says we can have the house, can they use the contract at a later stage?
However, the legal system will hold you responsible for complying with the contract and if not possible, provide damages for non-compliance.0 -
Joint names - yourself and OH or with the parents??????????????
Joint tenancy or tenants in common?
This assumes England and Wales but S21s assume England and Wales.If you've have not made a mistake, you've made nothing0 -
If a S21 would trump "any" contract, how do equity release schemes work? I suspect legally the S21 would work to evict them but damages will be paid for non-compliance with the original contract.Rocky99 I think the s21 grant would trump any contract; it would be an effective termination of that contract, leaving you free to evict your parents. If it failed, I don't think you'd be worse off, as I don't think the judge would be able to comment on the validity of that contract, other than from the point of the s21.
Edit: I still wonder if the mortgage company's lack of knowledge that it shouldn't be a residential mortgage couldn't play to Rocky's advantage. Their contract would trump that of any subletting that Rocky99 would do...0 -
It's a residential mortgage the lender has no idea they live there, and the 'contract' was completed three months after the completion.
One question if we applied for repossession and a judge rubber stamps it without my parents defending it, would the judges decision over ride this contract, ie if the judge says we can have the house, can they use the contract at a later stage?
Yes, it can be used at a later stage.
What you are effectively asking, is if the judge is left ignorant of the single salient point that would get the S21 thrown out, is that it ? No, it's not a game of trumps.0 -
Ok it's joint names me and my husband, the lenders no nothing of my parents.
Would someone mind talking me through the repossession please, as come the 1st of feb I am unsure what moves to make, thank you0 -
Just checking....
There was no witnesses to our signatures on this contract does this have any bearing?0 -
The_Negotiator wrote: »If a S21 would trump "any" contract, how do equity release schemes work? I suspect legally the S21 would work to evict them but damages will be paid for non-compliance with the original contract.
I would steer clear of using the 'equity release scheme' term. That I think is between companies and former owners. The actions taken by the OP with her parents were largely informal. I think calling their car crash a 'equity release scheme' makes it sound a lot more structured than it was.
There was a naff 'free tenancy for life' document but no naff equivalent to cover equity in the event of a future sale (the OP is at risk for reneging on the deal and perhaps it will address the loss of equity, perhaps not).0 -
The_Negotiator wrote: »If a S21 would trump "any" contract, how do equity release schemes work? I suspect legally the S21 would work to evict them but damages will be paid for non-compliance with the original contract.
Any in this context. And I don't mean that the parents couldn't possibly still have a claim for a broken contract. I was really expecting there might be a solution to the immediate problem re mortgage payments. If, subsequently, parents chased for their loss, they might win... but to be accommodated in a smaller house, possibly paid for by the equity released by the sale... which I agree with you is down by an additional and risky 50k.0
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