Help... Notice of eviction

xxlittlemissxx

Hi I am currently a private tennant, yesterday I recieved a letter addressed to my landlord and other occupiers so i opened it (!!), to find a notice of eviction from the local county court. It says the bailiffs will be in in just over 2 weeks...! The landlord says he is only 1 month in arrears and doesnt know why we got this notice.. which i find quite hard to believe if it has got to this stage, so now i dont know what to do! I am in my contract for another 3/4 months and really dont want to be worrying about coming home from work to find they have changed the locks and taken my possessions!!
Any advice would be great!!

Thanks X

mystic_trev

xxlittlemissxx wrote: »

Hi I am currently a private tennant, yesterday I recieved a letter addressed to my landlord and other occupiers so i opened it (!!), to find a notice of eviction from the local county court. It says the bailiffs will be in in just over 2 weeks...! The landlord says he is only 1 month in arrears and doesnt know why we got this notice.. which i find quite hard to believe if it has got to this stage, so now i dont know what to do! I am in my contract for another 3/4 months and really dont want to be worrying about coming home from work to find they have changed the locks and taken my possessions!!

Any advice would be great!!

Thanks X

I think your Landlord may be telling porkies :rolleyes: It might be worth while contacting your local CAB.

xxlittlemissxx

Thanks, is just a shame, and annoying, I have to wait till Monday to do anything!

clutton_2

i am sorry to tell you that you must start to look for another flat immediately, you have no legal rights of continuing as a tenant once the Lender has appointed bailiffs. You could contact the lender and ask for a period of a months grace, as this is the first you knew about it, but, they do not have to extend the time.

moneysavinmonkey

oh this is so annoying... fume!!

You can phone shelter for some free advice - their lines are open 7days a week.
0808 800 4444

silvercar

There have been similar threads recently.

I would contact your landlord immediately.

The theory is that if the landlord had a BTL mortgage of permission to let from the lender, the lender should repossess with you remaining as a tenant. If the landlord's mortgage is a residential one, the lender could repossess and immediately evict you.

If you were evicted you have a case against the landlord for not honouring the AST; in practise, if the landlord has not sufficient money to pay the mortgage chances are it is not worth taking him to court. If you knew he had assets (a property of his own?) you could pursue him for costs.

In practical terms, balance not paying the rent and searching for a new place ASAP and paying the rent in the hope that he pays the mortgage. The downside of not paying the rent is you leave the landlord with less chance of being able to pay the mortgage and more chance of you being repossessed.

macaque_2

xxlittlemissxx wrote: »

Hi I am currently a private tennant, yesterday I recieved a letter addressed to my landlord and other occupiers so i opened it (!!), to find a notice of eviction from the local county court. It says the bailiffs will be in in just over 2 weeks...! The landlord says he is only 1 month in arrears and doesnt know why we got this notice.. which i find quite hard to believe if it has got to this stage, so now i dont know what to do! I am in my contract for another 3/4 months and really dont want to be worrying about coming home from work to find they have changed the locks and taken my possessions!!

Any advice would be great!!

Thanks X

Having one's home uprooted in this way is very unsettling. It is in fact a form of harrassment and I would like to see this kind of behaviour by landlords made a criminal offence.

My advice would be that you plan your response with care. I can just see this scum landlord trying to hang onto your deposit because you leaving early. I would recommend you talk to the CAB.

xxlittlemissxx

macaque wrote: »

I can just see this scum landlord trying to hang onto your deposit because you leaving early. I would recommend you talk to the CAB.

Luckily the letting agents has this and we have been told that it cant be touched.

Thanks for the advice, i guess its back to the property pages and a visit to the local CAB on Monday.

I want to be sure that before I move out I am not going to be stung by anything in the contract.

Thanks again X :T

Running_Horse

Who in the property is responsible for the rent, and has it been paid?

macaque_2

xxlittlemissxx wrote: »

Luckily the letting agents has this and we have been told that it cant be touched.

Thanks for the advice, i guess its back to the property pages and a visit to the local CAB on Monday.

I want to be sure that before I move out I am not going to be stung by anything in the contract.

Thanks again X :T

Good stuff. It sounds like you have things well in control.

xxlittlemissxx

Running_Horse wrote: »

Who in the property is responsible for the rent, and has it been paid?

I am responsible for the rent and it has been paid on time each month. I have only been in the property 2 months!!