Landlords mortgage co going for possession

meredeterre

Received a notice of commencement of possession proceedings in the post addressed to the "occupier" stating that x bank has commenced proceedings against y (our landlord) for possession of z house (ie the one we currently live in & rent off y)....with a court date of a little over 2 weeks away.

After a mild panic have got lots of advice from cab & shelter & according to them we have very little rights if the mortgage co get possession. Going to the court tomorrow to fill out an application to be a party at the hearing in the hope the judge will grant us extra time and have started looking for a solicitor who will represent us. Bit confused by a phone call I got from the one I have contacted so far saying not to worry whilst I wait for the person likely to be dealing with our case to call, that we do have rights to stay & not to pay too much attention to what the CAB & Shelter have told me .....whilst I am relatively calm, not worrying isn't an option really as we are potentially less than a month away from being evicted with nowhere else to go & no hope of getting anywhere private as we are on Housing benefit & unlikely to get council accommodation as they are full of flood victims...according to my contact the council they are having to send people to B&Bs outside of the county_pale_

Has anyone else been through this? Any tips for what esle we should be doing...apart from packing/selling all our belongings ....feel a bit lost with the whole getting a solicitor & legal aid stuff as well - got no idea what I should be doing/saying & if I should contact just the one or a few?

Any advice/tips welcome!

Sarah

Guy_Montag

I can't help you, but can I ask you to come back with updates. As I understand it you have no rights, but if you find out different it would be really good to know the details.

(Being a cautious type, I'd start looking for new places)

olly300

Guy_Montag wrote: »

I can't help you, but can I ask you to come back with updates. As I understand it you have no rights, but if you find out different it would be really good to know the details.

(Being a cautious type, I'd start looking for new places)

And don't pay any rent.

You are unlikely to get your deposit back.

epz_2

my understanding is you get 2 months to be served with eviction notice.

that sad i i agree stop paying rent, if the landlord isnt paying for the place why should you especially as it sounds like you are about to get fleced out your deposit.

i would try and find what the landlord owes and if the numbers stack up offer to buy off them at a disconted rate, better to sell to you than get repo'd.


its funny how a number of these threads have been cropping up, btl business cant be such a nobrainer people think these days.

meredeterre

Luckily we didn't pay the deposit - the council did as part of their scheme for helping people on benefits get private housing so I guess it will be up to them to chase it. I think it was held by the agent anyway (they just find tenants for the landlord - they don't manage the property).

Surely if we stop paying rent we will be in breach of contract though....which I assume won't help if we decide to sue the landlord for the same? Tis a moot point anyway as we have just paid this months so none due until after the court case anyway.

I've been keeping an eye on the local rental markets all year anyway. We live in a large village so its not hard to check the papers every week. Nothing at all available within the village certainly atm - they are all way above our price range or say "No DSS"...further afield could be interesting because of the flooding - the nearest 2 towns have been affected to some extent & the other option is accross the county boundary making it a logistical nightmare as it means transferring our benefits over...not something I really want to have to do as well as organise a move in record time. That will be our standby I think.

Landlord is unsurprisingly impossible to get hold of atm - one number is disconnected & the other just rings out.....wondering if I feel calm enough to go round to her house & collar her...might leave that to the other half! Agents haven't spoken to her for a while either so no luck there....so my next step is to try & make contact with her mortgage company &/or their solicitors...although I will probably wait until I have spoken properly with a solicitor...am hoping they can write on our behalf maybe?

I'm not sure if this situation has got much to do with a general decline in the btl sector though.....she seems to have had issues with another business that needed cash & told DH that she wanted to re mortgage the place to help (we've had 3 valuers round so far this year)...& we've had revenue & customs looking for her as well :rolleyes:...just our luck to get chucked out by a church (our previous landlord who decided that because we were on HB they didn;t want to renew our contract with us & lied about why they wanted the house back) & sign up with someone in financial trouble:rolleyes:

Starting to think it might just be easier & a lot less hassle to just get a caravan & stick it on my allotment:rotfl:

Will defo keep you posted - I think I'm going to need lots of help with this!

Sarah

mightymouse

Hi

Not sure if this helps you but worth a read.



http://www.thesite.org/homelawandmoney/askthesiteqandas/housingqandas/repossessionrights

meredeterre

Thanks for that...I guess I need to find out about my landlord's mortgage details to know where we stand....

sarah

mightymouse

Hi

You can find out details from land registry as lender should be noted...........

http://www.landregistry.gov.uk/kb/

meredeterre

Would it have details of the kind of mortgage it is? That's what I meant - I already have the compnay details - they were on the notice we received.

meredeterre

Starting to get a peed off with the solicitors I phoned the other day - still have yet to call me back:mad:. I understand the solicitor that would be dealing with us wasn't in the office the day I phoned...but wondering if she has been in at all since or just forgotten about me. Wondering whether I should chase them up or just leave them to decide whether to take us on?

I really don't want to do anything else re writing to the mortgage co/going to the court until I get some proper legal advice.....should I start looking at another firm?...am really not sure what I am doing & afraid of asking for advice elsewhere after I had a "conflict" issue (CAB having given me some advice meant the CLS weren't able to) especially as as I really don't understand what happened there at all

Has anyone got any experience with finding & hiring a solicitor, what the do's & don't are etc?

mr.broderick

Beginning to wonder which is the lesser evil for me at the moment.
Currently in rented as we sold up in january.
Don't know whether to buy again and risk a correction or continue renting and hope to god the landlord pays the mortgage ..