Landlords mortgage co going for possession

meredeterre

If you afford to buy now then I would go for it.....we were on the housing ladder but came off it to pay of HUGE debts and move nearer family & friends. I would give anything to have my own home to do what I wanted with - even simple things like not being able to put up shelves & pictures gets grating after a couple of years;).

It's been my one consolation that we have friends & family so close...& now we might end up on the other side of the county (or even the country if all the temporary housing is still full from the flooding) through someone else's fault is very depressing.

Sarah

mightymouse

It may be that you should think positive contact the lender tell them the situation and see if they will agree to more time before Court if not ask the Court for more time and if all fails even with a possession order it will be more than a month before the bailiff makes contact...........

By then the floods will have gone and you should be in no worse position than if you had been served notice to quit.

Also see if you can find out if it is a BTL mortgage then you may have rights..

http://england.shelter.org.uk/advice/advice-2912.cfm

meredeterre

Your are right I should start thinking positive....I probably come across as rather pessimistic as we haven't had much luck with anything for years....although DH got a surprise call today & has a job interview tomorrow so maybe our luck is about to change?....I will go down to the court first thing & get the forms done & then write a letter to the mortgage co & their solicitor. Would it be ok to post a draft to make sure it's ok if I haven't heard back from the solicitors...don't want to out my foot in it & say the wrong thing.

I really hope you are right about the flooding issue...I think hearing that essex county council was having to help out in providing various services (although which ones I don't know) for flood affected counties has scared me a little, especially on top of the info I got from a trusted source at my council.....we came close to needing council accommodation last year & there wasn't anything locally even then

franklee

Really sorry to hear this meredeterre.

I think you need to ring the solicitor again tomorrow as you are pushed for time, ask them when they can advise you. If it's a wait then I'd go elsewhere. I was just waiting for a call back from a solicitor (for a different issue) and it turns out he's away for a two week holiday!

mightymouse has already given you a good link but there's a couple more here:

http://forums.moneysavingexpert.com/showpost.html?p=5197591&postcount=13

It doesn't sound like there was permission to let from the lender as you have not been written to personally, so I'd expect the worst. This is why it's unforgivable for landlords to let without permission.

If there was permission I would think you'd have been issued two months notice and that hasn't happened as the court date is two weeks away.

Without permission I think they can pretty much just chuck you out. You need to make sure the courts and lender know you are there. Even then I don't think you'll get much time.

Have you told the council, you should do and ask who is liable to repay the deposit to the council. Tell the agent too as they are holding the deposit. Make sure they do not release it to the landlord.

All the best!

PS. That money box link from the post I mentioned earlier is worth reading as the first question is about repossession, you should read it all but heres a snippet:

"SMITH: Yes, possession’s been granted. What happens after the possession order is granted, there’s 28 days for relief from forfeiture. That gives the landlord 28 days to pay all the rent arrears and his legal costs. After that, a court bailiff is appointed to evict the tenant. If he’s got a date from the court bailiff, which it appears in this case is a fact, then if he does not move out before that date, he will go home that night and the locks will have been changed and he will have trouble getting all of his possessions out of the house.

DUGGLEBY: That’s pretty draconian, isn’t it?

SMITH: It’s very draconian and I think if tenants realised that, they’d probably take more checks before they took a property on.

DUGGLEBY: Any financial rights at all?

SMITH: Yes, he can sue the landlord, but of course if the landlord hasn’t got any assets … but of course he can actually go after the landlord any time in the next 6 years if he goes to court and gets a judgement against him for any losses, such as removal costs, re-letting costs, anything like that."

mightymouse

Hi

I will go down to the court first thing & get the forms done & then write a letter to the mortgage co & their solicitor. Would it be ok to post a draft to make sure it's ok if I haven't heard back from the solicitors...don't want to out my foot in it & say the wrong thing.

It may be that a solicitor would want a substantial fee up front whereas a voluntary organisation might be able to attend Court with you if you feel you cannot go it alone.

If you wish to post a letter leave out the lender,account number and solicitors details and I am sure it will get looked at in detail for accuracy although it is tempting to name and shame the landlord who might be considered guilty of harassment and unlawful eviction (so far as he is concerned).

meredeterre

Thanks for the further links guys - I am slowly getting my head round all of this.

mightymouse wrote: »

It may be that a solicitor would want a substantial fee up front whereas a voluntary organisation might be able to attend Court with you if you feel you cannot go it alone.

DH is currently on income-based JSA which according to CLS direct means we are entitled to full legal aid....assuming he doesn't get the job he is going for today. My Dad did say he would stump up the cash for a solicitor if it was needed so at least I know we can take him up on that offer if DH is successful at his interview.

TBH my local CAB didn't seem to know an awful lot about this & had to contact someone centrally & I really don't feel very confident about letting them help me...hence why I tried a local solicitors. CLS said I should complain about CAB...but there is only so much I have the energy to devote time to, especially with a toddler demanding my time, packing to start, houses to find etc.

mightymouse wrote: »

If you wish to post a letter leave out the lender,account number and solicitors details and I am sure it will get looked at in detail for accuracy although it is tempting to name and shame the landlord who might be considered guilty of harassment and unlawful eviction (so far as he is concerned).

I'm not sure I understand what you mean here...who are you saying I should write a letter to?

Thanks
sarah

mightymouse

Hi

I thought you were wanting to post a letter here to the lender and solicitors before you sent them but if you instruct a solicitor yourself he / she will deal with issue for you.....

I will go down to the court first thing & get the forms done & then write a letter to the mortgage co & their solicitor. Would it be ok to post a draft to make sure it's ok if I haven't heard back from the solicitors...don't want to out my foot in it & say the wrong thing.

cheers

meredeterre

Ah right...read "post" as the royal mail variety...not the forum one...duh!

Shall be back later with some progress reports...DH has just reconnected my PC so I have access to my notes from earlier in the week (partly why I have been flapping these past few days - have felt a bit lost without them!) & so I start work proper again....

Sarah

tomstickland

I'd advise finding out what is most likely to happen to you. If it looks like you have few rights and little chance of legal proceedings etc, then it's going to be damage limitation, and that would include witholding rent until the landlord contacts you to explain what's happening.

meredeterre

Have an appt with a solicitor on Tuesday pm so shall hold off on any action unitl I have spoken to them......I've had to go further afield as no-one local will take on legal aid for propety matters. The firm I called on Tuesday are now telling me that I was told they wouldn't be able to take me on when they called on Tuesday (which the SO did not :mad: ) & the lady who I referred to (which is the name they had given as the person who would be likely to deal with me) no longer works for them ...can't believe I wasted this week waiting for them :mad:

Shall update next week

Thanks again for all your advice & links

sarah