Landlords mortgage co going for possession

silvercar

I would phone the lender and make them aware of your presence. Also do this by recorded delivery so you can show the court that the lender had evidence that there were tenants in the property. This may give you 14 days extra to arrange alternative accom.

Bit of a chicken and egg situation, if you pay the rent the landlord has more chance of being able to afford to make mortgage payments. If you don't pay then eviction is more likely.

meredeterre

We had already paid this months rent before we recieved the notice & the next lot isn't due until after the court hearing so shall see what happens then before paying it.

teabelly

Do you know how much she owes on the house you rent? If there is enough for someone to buy the house for at least 20% below market value and that would pay off the mortgage then one of those buy your house quick companies might be interested. Some might even give you cash for a referral if she takes it up!! A lot of them let existing tenants stay on. The only risk is that the new rent is higher than HB would allow. If the inland revenue are after her she's probably trying to be offset rental income against repayments rather than just the interest charges. Stopping paying the rent might land you in more trouble and make it less likely the new owner would take you on as a tenant. It could also affect new rental agreements if prospective landlords share information about previous tenants.

The BTL sector is a bit flaky due to the inexperienced not checking their figures and not making sure they have the needed cashflow to cope with rental voids or non paying tenants so they often end up being repossessed.

meredeterre

Just a quick update.....saw the solicitor today & he was lovely - very positive and reassuring. We can't use legal aid to sue the landlord (legal aid can't be used for compensation cases) so I think we probably won't bother.....but can claim it for the actual repossession issue. We mainly did a lot of paperwork for this legal aid & further funding (as legal aid doesn't actually pay for very much at all) & then he took a lot of details & we talked for a while about what he can do. Yes under current English law we don't have any rights to stay if the landlord didn't have permission to rent.....but it seems there are a lot of stages to go through before the courts award possession & it sounded like he could drag it out somewhat, appeal at various stages, attempt to get the mortgage company to to take us on as tenants and he mentioned using the European convention of humans rights and the high courts etc. :shocked:...which while rather scary was also rather reassuring! He did say by the time everything goes through it could be next summer:D

It's only 2 weeks to the hearing & so he is working to a tight deadline at a time when lots of people are on holiday.....and with not a lot of information about what is happening so he will contact the mortgage company & get a copy of the case file & make them aware of us as well as ensuring we are registered with the court at the hearing and will have proper representation there. He also stressed that we must both attend the hearing.

....& after that is done it's all a bit unknown as we are all totally in the dark about whether our landlord has permission to rent, when the mortgage was taken out, how much the arrears are, how much the company want to fight to get us out etc.....he has recommended that we don't pay the next month's rent, but keep it to one side, and maybe pay the mortgage company direct at a later date if they ask for it, as until we know what is going on we have no guarantee that our landlord is using it to pay the mortgage....

Will update when I know more

Sarah