Help... Notice of eviction

silvercar

Did the landlord live in the property before you? If so, there is the possibility that (a) it is on a residential mortgage and you could be evicted with little notice and (b) he was short of money and that is why he is letting it.

I'm just trying to guess whether there could be any truth in the story that he is only 1 month behind with the mortgage and this is an admin error.

pinkshoes

If you've only been in the property 2 months, then I'm not sure the landlord would have been able to change to a BTL mortgage to then let it out through an agent if he/she was in arrears... It just seems odd that they would let the property out to someone new knowing full well that it was about to be reposessed, so maybe there is a possibility that this is an admin error?!?!

In the mean time, I'd start looking for somewhere else just in case.

PasturesNew

If an agent is involved, how big are they?

Might be worth putting the onus on THEM to find you accommodation as they've been remiss in checking the credentials of their clients.

They surely owe you at least their full efforts to place you soonest with another property. Even phoning round people who used to be their clients, but changed to other agents ... and even meeting you in the evenings at properties soonest so you can view places (I found it could take 7-10 days before an agent would make an appointment to view as they were busy).

They "owe you". Morally at least.

moneysavinmonkey

Hi Corretto - you are half right.. if the landlord is evicting then they have to give you a section 21 and 2 months... but in this case it is the mortgage company that is evicting and the tenant doesn't have any agreement with them so the rules don't apply....

What should happen is the landlord has a BTL mortgage or permission to let, in which case the mortgage company has an agreement with the landlord that they won't evict the tenant.... it is likely that the landlord has been letting the property without the relevent permissions and this is something that the OP can raise with the landlordas a small claims action to cover the costs + inconvenience of having to move... but ultimately this does not help the fact that they have to leave the property now.

I wouldn't go as far as to say CAB are rubbish, but shelter certainly have a lot more knowledge in this particular area and from my personal experience I would highly recommend them.

I have given the number allready and they answer the phones on sundays! :T

Lavendyr

You have my sympathies OP, we got notice that possession proceedings were commencing against our ex-landlord a couple of weeks before we were due to move out - we were lucky to be out before it happened but I can definitely imagine the stress you must be feeling! I would certainly start looking for a new place to live right now, as others have said. I seriously doubt that the landlord is only one month in arrears if the bailiffs are already on their way.

Contact your CAB and also ring Shelter as suggested above - above all having a roof over your family's head is the most important thing. Good luck.

(As an aside, there seem to be a lot more of these threads on this board these days, so you're definitely not alone...)

xxlittlemissxx

Thanks everyone, all the comments and advice are greatly appreciated.

We let the letting agent know yesterday and she was lovely, but unfortunatly she doesnt have anything for long term let in our price range so the suggestion at the moment is to go somewhere temporary where she will arrange a month by month contract and when somewhere in our price range comes up she will give us first refusal on it.

As far as I know there have been other tennants in the property before us, about 3 couples the letting agency said.

To be honest the landlord isnt really trustworthy as when we moved and had signed all contracts he contacted us and told us that the property was for sale, something he hadnt told the letting agents. He has also told the estate agents where it is for sale that I had agreed to viewings when I hadnt, so on that basis I refused the viewing when the Estate Agent turned up!! She now deals with me directly for viewings rather than the landlord!

What I am more worried is if they landlord says its nothing, this whole things gets brushed over and then on the date they are due they turn up at my door! Perhaps I am overreacting slightly, but I am a woman, I cant help it!!

Apologies for the long post! X

Debt_Free_Chick

Do you know who the lender is? It might be worth contacting them to see if you can stay .... for a while. Better than an empty property on the market, which invites vandalism and/or squatters.

A long shot as I'm not sure whether the Lender can call the bailiffs off without going back to Court. But if you don't ask ....

$$$_12

I would ask the landlord and letting agent for details for the Tenancy Deposit Scheme they are using for your deposit (if you don't have them already).

You should have had details of this supplied to you within a couple of weeks of moving in.

If it in a scheme it should have some degree of protection.

clutton_2

when the bailiffs do arrive, then they will change the locks and any remaining possessions inside will be locked in. i understand that it is possible to gain access by going back to the court/bailiffs and making a pre arranged appointment. But it is much easier to get your stuff out before they arrive the first time.

sukey13

If there is an eviction notice I believe that the lender will claim the house back and you will have to vacate.

So if I were you I would start finding somewhere to go and get out.

If the landlord wants more rent - how about suggesting you pay the mortgage arrears directly which should stop the reposession and you would be able to stay in the property instead of losing your home?

Sounds like shelter may be able to give free advice, also the repossession helpline is a freephone number with free advice http://www.repossessionhelpline.co.uk/

0800 634 9676

Good luck!