Help... Notice of eviction

BobProperty

silvercar wrote: »

I just thought a decent lender might have the courtesy to say to the tenant either "we are repossessing and you have to leave"

Which is what I suggest they might do but a cynic would say it's only so that they have "covered all the bases" and don't look silly in front of the judge. The court will write to them anyway but the lender would be giving more notice than the court probably, so your "decent lender" might do so.

silvercar wrote: »

or " we are repossessing but you may remain until the AST end date".

Now that they don't want to do. Usually you'd get a better price if the place was empty. More technically, how can you ask a court for possession if you are also saying someone can live there?

franklee

Any news xlittlemissxx? Is it going OK?

Wizbit27

Hi xxlittlemissxx,

Have just been reading your posts, I am having a similar problem to you, received a letter last week stating that the Court Hearing date for the repossession was at the end of January. From looking at the responses and from speaking to CAB and the mortgage company it seems the prognosis is bleak. Our landlord did not register as BTL so we have no rights. We renewed our contract for another 12 months in September, we had no idea he was in financial difficulty, he has now mysteriously disappeared and isn't answering his phone.

My only other option is possibly buying the property from the mortgage company, but I have no idea how that would work or whether they would consider it, i will write to them in the New Year. I hope that everything goes all right and wish you the best of luck.:o


Wizbit27
xx

jaype

Reading this is making me boiling mad - why don't you write to your MPs? So much for protecting deposits - while landlords can credit check us as and when they see fit, it's a shame we can't extend the 'courtesy' to them before ploughing hundreds of pounds into moving costs and agents fees then getting hoofed out a couple of months later. With the amateur BTL market going down the pan it's only going to get worse.

Fergie73

while landlords can credit check us as and when they see fit, it's a shame we can't extend the 'courtesy' to them before ploughing hundreds of pounds into moving costs and agents fees then getting hoofed out a couple of months later.

I totally agree. Having had a bad experience - although nothing as bad as this - with a landlord who was clearly a new, amateur buy-to-letter, up to his neck in debt, I now ask indirect questions of the landlord, skirting around the issues, trying to find out what he does, how long he's had the property etc, etc. I'll now only go with either professional landlords, people who've had the property a long time, or private individuals renting their own home while they're away.

If I suspect someone is a new or recent buy-to-let landlord, I walk away. Chances are they're in too much debt, in over their heads, charging too much and generally incompetent. Tenants should be able to ask a lot more questions, and also have a lot more rights. It's not a tenant's fault if an LL hasn't told the lender he's renting, or hasn't paid his mortgage.

silvercar

Fergie, I agree with your sentiment though I would have failed your checks and I am a lovely landlady

If the lenders would produce a statement that shows that the mortgage is (a) up to date and (b) have given permission for the property to be tenanted, I would happily show these to a prospective tenant. O would also be happy for a lender to have the right to notify tenants if the mortgage has arrears. The problem is that the lenders statements currently show more financial information than I would be happy giving out.

MissMoneypenny

silvercar wrote: »

Fergie, I agree with your sentiment though I would have failed your checks and I am a lovely landlady

I thought you were a man!

I agree that the time has come for LLs to be credit checked before anyone signs to rent their property, as more and more LLs are going to be getting into financial trouble. LLs should also be getting a letter from their lenders to show they have permission to rent and are up to date with their payments.

Those LLs that don't want to do this, will be the ones to avoid.

DrGUID

My LL's property was repossessed last year halfway through my 12 month tenancy, see my posts on the housepricecrash.co.uk forum.

Basically, as soon as I got the repossession hearing letter I did the following:

* Stopped paying rent.
* Found somewhere else to move to.
* Wrote to judge to let him know I lived in property.
* Attended repossession hearing.
* Moved out.
* Got deposit back from deposit protection service.

My LL didn't have a BTL mortgage.

FYI you can pay for legal advice, but it's just as easy to follow your instincts and do it yourself - I'm sure Martin Lewis would approve of this!!! :money: If your property is let through a managing agent then they will be able to help you as well (mine wasn't). I have actually made a profit from all this :T , although it sure wasted a lot of time.

Shelter and CAB can advise if you need it. Your local council can help as wel (if you're on low income, have a disability or have kids).

Finally, don't worry - you will almost certainly have at least 28 days to move after the repossession hearing, and if you plead your case the judge may give you more time. If the lender is a household name (mine wasn't) then they may be more lenient. :A

Hope this helps!