Help... Notice of eviction

Debt_Free_Chick

$$$ wrote: »

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.

But only in relation to the deposit.

They will stil need to leave the property, on the date specified on the Bailiff's warrant.

silvercar

Contact the lender; they probably don't realise there are tenants in the property!

clutton_2

the lender wont give a stuff if there are tenants in there or not - he has a court order for possession already (this is required before a Bailiffs warrant can be granted) - and just wants the property back with vacant possession so that it can be sold ASAP. Lenders are utterly heartless, and just dont care about tenants caught in the middle of incompetent landlords repossession proceedings. As i said earlier, you might as well look for somewhere to live and fast - the bailiffs will arrive on the date in the letter you have opened, and you will be out on the street. i know this sounds harsh, but, you cannot bank on Shelter being able to help at this late stage.

good luck

Alias_Omega

How about ask the landlord what is going on.? Explain what you have found out, and ask them what he / she thinks you should do.

Depending on how you are with them, there will be 2 options..

1. They tell you how it is
2. They lie about it all to keep face, and tell you nothing.

If its 1, then maybe they could help you move as a good will gesture etc and if things get better you can move back in etc..

xxlittlemissxx

Thanks again everyone.

The landlord says he is only one month in arrears so I would say he is lying! I would prefer he was honest with us now cos he is making it worse and the process longer as it now has to be proved!!

Am going to ring the bailiffs myself this morning I think! ahh!

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Debt_Free_Chick

xxlittlemissxx wrote: »

Thanks again everyone.

The landlord says he is only one month in arrears so I would say he is lying!

Almost certainly. Lenders don't go straight to Court over one month's arrears (have a look on the debt-free wannabe board to how long things can go on!).

They will have made repeated attempts to get him to reach an agreement to pay the arrears. I guess he's ignored all of this.

Then they would have tried debt collection. I guess he's ignored all of this too.

Then, they will have threatened Court Action. I think it's safe to assume that he's ignored this.

Then they will have issued a Court Summons. At this point, the LL could have attended Court and offered a repayment plan, which the Court (and the lender) would have considered. I doubt he attended Court. He probably didn't even answer the summons, when he could have offered a repayment plan in writing, without going to Court.

In desperation, the lender is repossessing the property as it appears to them that the LL will not repay what he owes.

I would guess he has between 3 and 6 months arrears and that he has simply buried his head in the sand and ignored everything from the lender.

I would also suggest that he was hoping, once you moved in, that he could catch up with the arrears - but that he needs your (rent) money to fund other spending or debt, or that he's simply left it too late.

There is little room for negotiation here. What you are dealing with an order from the Court to move out. If you leave it until the bailiffs arrive, you will have about 15 minutes to gather personal belongings. The bailiffs will then move in, change the locks and secure the property - the court order gives them the legal right to do this.

The court order might also give them the legal right to break into the property if you are not there.

I would prefer he was honest with us now cos he is making it worse and the process longer as it now has to be proved!!

It ain't gonna happen. He's hardly been decent and honest with the lender, so his track record on the honesty front is not exactly glowing.

He doesn't understand the current position - that the lender will own the house on the eviction day and, as it's a Court Order, there's nothing anyone can do about it. Unless the lender and the LL go back to Court, but on what grounds?

You must, at the very least, be prepared to put your things into storage and find somewhere in the short term. Holiday letting would be good as they're fully furnished. Whilst they seem expensive remember they include all bills, except food. No CT to pay either

Am going to ring the bailiffs myself this morning I think! ahh!

By all means do, but they have been instructed to carry out the orders of the Court.

Ring the lender too (see my earlier post).

Good luck. If you can face it, post back with progress as it may be helpful for other unfortunate folk, who find themselves in the same position in the future.

franklee

As you have only been in the property two months it is clear that your landlord let the property to you long after he knew the lender was aiming for repossession. Personally I think that is vile and it is about time the law was changed to stop this.

As the landlord obviously did not have permission to let, how could he with the repossession so advanced, then your tenancy agreement will not be recognised by the lender and so offers you NO protection.

The letting agent should have checked your landlord had permission to let and clearly they failed in this :mad: After you have moved I would complain about the agent at least to any bodies like ARLA they are members of. I do not know if you have any claim against the agent.

Keep all paperwork and after you have moved see if it's worth suing your landlord for breach of the tenancy contract.

I would not muck about seeking more advice before arranging to move, it's too late. A call to the lender is about all I'd do to check the exact position with them. But you need to get the hell out of there. Book the removers now, and if necessary storage. Keep all receipts in case you decide to pursue a claim against the landlord for breach of the AST.

Makes sure you are gone before the bailiffs arrive or they will eject you and lock your possessions inside changing the locks. You risk damage or theft to your possessions left behind as you do not know who will be going into the property. If it's put up for auction there could be loads of viewers some of which target places like that for opportunistic theft. You may also have hassle getting your possessions back. Sort out postal redirection too you don't want to be at risk of identity theft or have bank and important correspondence locked inside.

clutton_2

franklkee - what on earth is the point in even considering suing someone who cannot pay his mortgage - he has no money - why bother ? - it will only cost the OP time, money and heartache - its best to move on with life and find somewhere better. and i know its not fair - who ever said life was meant to be ?

Guy_Montag

clutton wrote: »

franklkee - what on earth is the point in even considering suing someone who cannot pay his mortgage - he has no money - why bother ? - it will only cost the OP time, money and heartache - its best to move on with life and find somewhere better. and i know its not fair - who ever said life was meant to be ?

If he has his own home, then it may be worth suing to get get a charge on that, especially if the moving costs are high.

xxlittlemissxx

Well after a long day yesterday, we didnt really get any further :mad: the landlord still says its nothing to worry about and it is an arrear of £1500 from Jan 07, which, he just 'happens' to have just paid.

We have asked for something in writing as proof that they bailiffs are not going to be coming.

He has assured us that all will be ok, but I am just not sure, so until we have proof we are kind of just like sitting ducks until the day they are due!!

We have been advised to sticker all proerty which is ours.

As he is saying its all good, we cant get out of our contract, if we break the rules then we will be in the wrong.

I have advised the letting agency that if this is all just a big 'mistake' I want out at our earliest point... this whole thing has just made the place not feel like our home anymore!

Well Im sure all will sort itself out in the end... I hope!

Thanks again for all your great comments and advice.

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