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Landlord defaulting
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I like to see this confirmed because I think that although the lender may have to "respect" the AST, they will want the property vacant asap because:If the landlord had a BTL mortgage/ permission to lease the the mortgage lender has to respect the AST ie the lender can repossess the property but has to keep the tenants as tenants; the lender could then sell the property with tenants in situ and accept the rent in the interrim.
1. Lenders aren't landlords.
2. The best price (which they are obliged to obtain) can only be obtained by offering the property vacant.A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
What did the letter from the court say? There will be a hearing or there has been a hearing and this is the result. If you haven't had notice of a hearing then that is grounds for a delay but you will have to go to court (all IIRC).to BobProperty: My daughter received a letter from the court, addressed to the occupiers and noted that the same letter has been send to Mr X, contact details from a solicitor, whom when phoned refused to go into details, only stating that as far as he is concerned the eviction will rake place on Nov 7th
The solicitor. Is this the lenders solicitor? In which case he can't talk to you and will only give you minimum facts. So the Nov 7th date is either a hearing date or the date for possession. If it is the date for possession then there has already been a court hearing. The question then is why didn't you attend the court hearing?A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
BobProperty wrote: »What did the letter from the court say? There will be a hearing or there has been a hearing and this is the result. If you haven't had notice of a hearing then that is grounds for a delay but you will have to go to court (all IIRC).
The solicitor. Is this the lenders solicitor? In which case he can't talk to you and will only give you minimum facts. So the Nov 7th date is either a hearing date or the date for possession. If it is the date for possession then there has already been a court hearing. The question then is why didn't you attend the court hearing?
You can't attend something you don't know about & you can't notify tenants if you don't know they exist. I don't know the exact procedures each lender follows prior to repossession, but if they believe they are in communication with the mortgager & resident there is no need to send a letter addressed to The Occupier.
It sounds very much like the eviction will take place on the 7th Nov.
The solicitor may not be able to give out many details, but they will at least be able to confirm that the action is taking place."Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
"I think I'll become an alcoholic," said Betty.0 -
The letter said that the house needs to be vacant by Nov. 7th.
This was the result of a court hearing (I think), and this was the first time they were notified.
The solicitor is from the claimant, I don't even know whether this is the mortgagee or somebody else, he wouldn't tell me whom he is representing, only that he had not heard of a cancellation of the eviction.
The letting agent claims that the LL has paid the bills concerned, but cannot provide proof of this. So we are left in limb, are we going to look for alternatives or will we wait. My daughter and her boyfriend prefer to stay as they like it there.0 -
Go! There is a court order evicting them from the house, that's as serious as it gets - there's nothing else required. The LA & LL can tell you as often as the want that the action has been dropped, they are not the ones going to end up homeless, if they are telling porkies. At this point the bailiffs can turn up on the 7th, empty the house into the street & change the locks & there's nothing you or anyone else can do to stop it.The letter said that the house needs to be vacant by Nov. 7th.
This was the result of a court hearing (I think), and this was the first time they were notified.
The solicitor is from the claimant, I don't even know whether this is the mortgagee or somebody else, he wouldn't tell me whom he is representing, only that he had not heard of a cancellation of the eviction.
The letting agent claims that the LL has paid the bills concerned, but cannot provide proof of this. So we are left in limb, are we going to look for alternatives or will we wait. My daughter and her boyfriend prefer to stay as they like it there."Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
"I think I'll become an alcoholic," said Betty.0 -
You can't attend something you don't know about & you can't notify tenants if you don't know they exist. I don't know the exact procedures each lender follows prior to repossession, but if they believe they are in communication with the mortgager & resident there is no need to send a letter addressed to The Occupier
If there is no response from a mortgager, the lender should (!) make a visit tot hte property to try to speak to the mortgager, at which point they should find a surprised tenant!I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
However, if the mortgager has been replying, having thoughtfully set up royal mail forwarding...If there is no response from a mortgager, the lender should (!) make a visit tot hte property to try to speak to the mortgager, at which point they should find a surprised tenant!"Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
"I think I'll become an alcoholic," said Betty.0 -
Accepted.
So tenant needs to speak to solicitor, failing that, download deeds from Land Registry and phone up lender, asking for repossession department.
! wonder whether property was security for a business loan, rather than straight forward residential mortgage. Business now gone bust, loan bank now wants money.....I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
The court sends the letter to The Occupier. If they never received it or worse, it was never sent, then some judge is going to be kicking someone's pants. (thinking about it, judge's probably have people to kick people for them).Guy_Montag wrote: »You can't attend something you don't know about & you can't notify tenants if you don't know they exist. I don't know the exact procedures each lender follows prior to repossession, but if they believe they are in communication with the mortgager & resident there is no need to send a letter addressed to The Occupier.
The lender would never send a letter to The Occupant unless they knew it was rented out and had some need to get in touch with them. Repossession, I suspect, isn't one of them, and, as you have pointed out, they have the addresses and details of the parties involved, so that's all they will write to.
Back to the OP. Unless you can get a hearing at the County Court because you were never notified of the original hearing and can spare the costs of getting this done then I'd be working on the basis of having to be out and start looking for somewhere else rapidly.A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
They might well have done so by now. Bit of inside information, mortgage companies sometimes use private detectives / agents to go round and check up the situation before they jump in with the repo court hearing. Someone may have been round, tenants weren't in, but they got info off the neighbours / milkman / postie etc. and reported back.If there is no response from a mortgager, the lender should (!) make a visit tot hte property to try to speak to the mortgager, at which point they should find a surprised tenant!A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0
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