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Cat_Weasel
Posts: 5 Forumite
Hi,
We received a Notice of Execution about 2 weeks after moving in (12 month AST), saying that the Landlords mortgage company were applying to the court for a Warrant of Eviction. We called the Landlord and he told us not to worry about it as he had paid a payment that week and would be paying it off at the end of the week.
We called the lenders solicitor and had to forward a copy of the tenancy agreement, the lenders solicitor gave us 2 calendar months and said they would be applying again on 24th August unless the Landlord came to some arrangement. Since we moved in, apart from the initial rent paid to the agent, we had to pay the lenders mortgage company directly.
We went back to the agent and didn't have any luck at the branch, probably because the Landlords partner's mum worked there and must have know the situation. We tried someone higher up because we felt there was a conflict of interest, but didn't have any luck.
All of his post was still coming to the house, including court letters for other stuff and letters from his bank/mortgage company. We also had the Sheriffs office round for I'm assuming another debt.
We asked the Landlord in July to release us from the Tenancy Agreement twice on different times and he refused because he said that he would be applying to the Court on 24th August to get the eviction overturned. We know he was already on a payment plan because one of the letters from the lenders solicitor referred to a previous notice in July 2014 and we are assuming he broke the payment plan and that's why they were repossessing.
We also paid an extra weeks rent to him at the beginning of the tenancy to change the payment date and a £45 fee because he told us they charge to change the mortgage payment date. We have asked for a receipt twice for the rent and £45 fee he charged and never received one and he has now said that he will pay the £45 back to us.
Basically, we received another Notice of Execution dated 24th August and 2 letters from the lenders solicitor telling us that the Warrant was in favour of the mortgage company and listed the steps about leaving the property. We also received a copy of the Warrant, (which was sent to the Landlord) which told us the eviction was due to take place on 16th September and we didn't want to wait to be homeless.
We found somewhere else to live and moved out on 31st August, we emailed the Landlord and told him we had moved out, he started blaming us as the reason he went into mortgage arrears saying he changed the date to let the property at our request and that's how he went into arrears. We were told the landlord would be moving out of the house on 15th May by the agent (email proof) and he is stating that we should have moved in at the beginning of May, but it's our fault because he moved the tenancy until the end of May for us. I can't see how we are responsible for causing him his mortgage arrears, he should not have rented the property in the first place.
He stated in an email that he had the case dismissed on 15th September and we are in breach of the tenancy agreement.
He told us that he hasn't received any post, which we posted to him to the address on the tenancy agreement and he didn't receive the Warrant or any of the 90 letters we posted to him and he nearly missed applying to the court to overturn the eviction because we didn't post his mail, even though he states in an email that he was applying to the court on 24th August. We do have 2 recorded delivery receipts signed for, the rest we posted normally, we also sent the keys back to this address which were signed for.
He has stated in an email that he himself is renting another property, why move out in the first place?
He also wants to take a months rent from our deposit and has emailed a letter he wants us to sign saying that he is releasing us early from the tenancy agreement by paying him one months rent and has stated in the email that he can't rent the property while there is an agreement in place?
If we don't pay by 1st October he said he will charge another months rent, he has already told us he has new tenants going in and I know he can't charge us rent once the have moved in.
There is more, but this is the basis, I feel like we have been played all the way through, so that he could keep his house.
Any advice would be welcome.
We received a Notice of Execution about 2 weeks after moving in (12 month AST), saying that the Landlords mortgage company were applying to the court for a Warrant of Eviction. We called the Landlord and he told us not to worry about it as he had paid a payment that week and would be paying it off at the end of the week.
We called the lenders solicitor and had to forward a copy of the tenancy agreement, the lenders solicitor gave us 2 calendar months and said they would be applying again on 24th August unless the Landlord came to some arrangement. Since we moved in, apart from the initial rent paid to the agent, we had to pay the lenders mortgage company directly.
We went back to the agent and didn't have any luck at the branch, probably because the Landlords partner's mum worked there and must have know the situation. We tried someone higher up because we felt there was a conflict of interest, but didn't have any luck.
All of his post was still coming to the house, including court letters for other stuff and letters from his bank/mortgage company. We also had the Sheriffs office round for I'm assuming another debt.
We asked the Landlord in July to release us from the Tenancy Agreement twice on different times and he refused because he said that he would be applying to the Court on 24th August to get the eviction overturned. We know he was already on a payment plan because one of the letters from the lenders solicitor referred to a previous notice in July 2014 and we are assuming he broke the payment plan and that's why they were repossessing.
We also paid an extra weeks rent to him at the beginning of the tenancy to change the payment date and a £45 fee because he told us they charge to change the mortgage payment date. We have asked for a receipt twice for the rent and £45 fee he charged and never received one and he has now said that he will pay the £45 back to us.
Basically, we received another Notice of Execution dated 24th August and 2 letters from the lenders solicitor telling us that the Warrant was in favour of the mortgage company and listed the steps about leaving the property. We also received a copy of the Warrant, (which was sent to the Landlord) which told us the eviction was due to take place on 16th September and we didn't want to wait to be homeless.
We found somewhere else to live and moved out on 31st August, we emailed the Landlord and told him we had moved out, he started blaming us as the reason he went into mortgage arrears saying he changed the date to let the property at our request and that's how he went into arrears. We were told the landlord would be moving out of the house on 15th May by the agent (email proof) and he is stating that we should have moved in at the beginning of May, but it's our fault because he moved the tenancy until the end of May for us. I can't see how we are responsible for causing him his mortgage arrears, he should not have rented the property in the first place.
He stated in an email that he had the case dismissed on 15th September and we are in breach of the tenancy agreement.
He told us that he hasn't received any post, which we posted to him to the address on the tenancy agreement and he didn't receive the Warrant or any of the 90 letters we posted to him and he nearly missed applying to the court to overturn the eviction because we didn't post his mail, even though he states in an email that he was applying to the court on 24th August. We do have 2 recorded delivery receipts signed for, the rest we posted normally, we also sent the keys back to this address which were signed for.
He has stated in an email that he himself is renting another property, why move out in the first place?
He also wants to take a months rent from our deposit and has emailed a letter he wants us to sign saying that he is releasing us early from the tenancy agreement by paying him one months rent and has stated in the email that he can't rent the property while there is an agreement in place?
If we don't pay by 1st October he said he will charge another months rent, he has already told us he has new tenants going in and I know he can't charge us rent once the have moved in.
There is more, but this is the basis, I feel like we have been played all the way through, so that he could keep his house.
Any advice would be welcome.
0
Comments
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Which country are you in? Scottish law is different.The person who has not made a mistake, has made nothing0
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Scottish laws vary from English slightly.
But the long and short of it is, you didn't have to move out. So the LL is technically correct.
It's not your fault he's in arrears.
That said, technically it's still your home, so if someone is moving in (the LL will want this asap), then that's illegal eviction and the LL would be foolish to chase you and risk a countersuit.
I don't want to give advice which may be wrong, but I belive that aspect is the same both north and south of the border.0 -
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We are in England.0
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Cat_Weasel wrote: »Any advice would be welcome.
Ignore your ex LL. Not your problems there his.0 -
Cat_Weasel wrote: »We are in England.
So why was the sheriff's office visiting you?? - Think this caused the confusion.
England - straight forward.
The LL is correct. There's procedures in place if you wanted to leave.
- who suggested you pay the mortgage company directly???0 -
When we got the Notice of Eviction, we decided to move out and because the mortgage company didn't repossess the property, he is saying we are still bound by the tenancy agreement. I have been told that the tenancy agreement was in breach as soon as we started paying the lender?0
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The Sheriffs office came looking for the Landlord for another debt.
The Lenders solicitor said we had to pay the mortgage company directly.0 -
Cat_Weasel wrote: »The Sheriffs office came looking for the Landlord for another debt.
The Lenders solicitor said we had to pay the mortgage company directly.
- Sheriffs are in Scotland - hence the confusion
- You had no contract with the mortgage company. You should not have paid them anything. You pay your landlord. That is who you have a contract with.
Had the lender been successful in their possession application, they would've become your landlord.
- Have you got it in writing that the lender asked you to pay them directly??0 -
Cat_Weasel wrote: »When we got the Notice of Eviction, we decided to move out and because the mortgage company didn't repossess the property, he is saying we are still bound by the tenancy agreement. I have been told that the tenancy agreement was in breach as soon as we started paying the lender?
Correct.
You breached the agreement by not paying the landlord.
Depending when the 12 month fixed term ends, you might still be responsible for the rent.0
This discussion has been closed.
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