Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Pendrix
    • By Pendrix 10th Jan 18, 7:14 PM
    • 28Posts
    • 4Thanks
    Pendrix
    Confused about court case/eviction
    • #1
    • 10th Jan 18, 7:14 PM
    Confused about court case/eviction 10th Jan 18 at 7:14 PM
    I am facing eviction but the court sent me a mortgage property defence form with the claim for possession. Thing is, the property is not a mortgaged property. Does this mean the claimant filled in the wrong form for possession?
Page 1
    • silvercar
    • By silvercar 10th Jan 18, 7:35 PM
    • 37,310 Posts
    • 157,173 Thanks
    silvercar
    • #2
    • 10th Jan 18, 7:35 PM
    • #2
    • 10th Jan 18, 7:35 PM
    Could just mean a court official put in the wrong form for you to object to the possession application.

    Without you posting more information no one can say if it is the right form.

    It should have a title with a section number. 21 if this is a standard eviction.
    • Pendrix
    • By Pendrix 11th Jan 18, 6:08 PM
    • 28 Posts
    • 4 Thanks
    Pendrix
    • #3
    • 11th Jan 18, 6:08 PM
    • #3
    • 11th Jan 18, 6:08 PM
    Well the claim documents filled in by my landlord's solicitor refer to the section 21, but the forms from the court refer to mortgaged premises, which as I say, it's definitely not. Boxes were already ticked (greyed in) on the mortgage defence form??
    • theartfullodger
    • By theartfullodger 11th Jan 18, 6:39 PM
    • 9,592 Posts
    • 12,904 Thanks
    theartfullodger
    • #4
    • 11th Jan 18, 6:39 PM
    • #4
    • 11th Jan 18, 6:39 PM
    Call Shelter 0808 800 4444, the experts in evictions and all other housing matters, open 8-8 Mon-Fri, 9-5 all other days of the year.

    Why do you think landlord wants to evict you?

    How do YOU know there's no mortgage?

    Is it landlord's name on court papers or a lender/building society, please?
    • Pendrix
    • By Pendrix 12th Jan 18, 7:59 PM
    • 28 Posts
    • 4 Thanks
    Pendrix
    • #5
    • 12th Jan 18, 7:59 PM
    • #5
    • 12th Jan 18, 7:59 PM
    Cheers. I spoke to shelter (hell of phone line to get through but got through in the end) but they weren't much help, sadly. Landlord wants to evict for sale. Landlord is developer, owns building outright, long history - I know it's not mortgage. Landlord's name is on the court papers.

    One more thing: LL says he'll waive court costs (which he's claiming against me) if I don't defend. Sounds like blackmail. Isn't that a criminal offence?
    • Keto Plastics
    • By Keto Plastics 12th Jan 18, 8:33 PM
    • 44 Posts
    • 9 Thanks
    Keto Plastics
    • #6
    • 12th Jan 18, 8:33 PM
    • #6
    • 12th Jan 18, 8:33 PM
    Cheers. I spoke to shelter (hell of phone line to get through but got through in the end) but they weren't much help, sadly. Landlord wants to evict for sale. Landlord is developer, owns building outright, long history - I know it's not mortgage. Landlord's name is on the court papers.

    One more thing: LL says he'll waive court costs (which he's claiming against me) if I don't defend. Sounds like blackmail. Isn't that a criminal offence?
    Originally posted by Pendrix
    Has the LL put that in writing about the court costs
    ?
    If He has not then what is to stop him going back on his word and making You pay court costs even if You don't defend the case ?

    I would personally defend no matter what the landlord says

    Yes Blackmail is a criminal offence, maximum sentence of 14 years

    https://www.inbrief.co.uk/offences/blackmail/
    Last edited by Keto Plastics; 12-01-2018 at 8:36 PM.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
    • Slithery
    • By Slithery 12th Jan 18, 8:40 PM
    • 726 Posts
    • 1,133 Thanks
    Slithery
    • #7
    • 12th Jan 18, 8:40 PM
    • #7
    • 12th Jan 18, 8:40 PM
    Of course it's not blackmail, it's called negotiating.
    • deannatrois
    • By deannatrois 12th Jan 18, 9:37 PM
    • 5,423 Posts
    • 7,598 Thanks
    deannatrois
    • #8
    • 12th Jan 18, 9:37 PM
    • #8
    • 12th Jan 18, 9:37 PM
    If I was you, I would grab the offer. Save yourself over #500. I know, I had to pay court fees, doesn't help when trying to find a new property.

    Its not blackmail, its an offer.

    Phone the court and ask them to check the correct papers were sent, and for them to send the correct papers out. You do realise there is no real worthwhile defence against a S21? Eventually the LL will succeed.
    Last edited by deannatrois; 12-01-2018 at 9:40 PM.
    • Cakeguts
    • By Cakeguts 12th Jan 18, 9:52 PM
    • 4,424 Posts
    • 6,359 Thanks
    Cakeguts
    • #9
    • 12th Jan 18, 9:52 PM
    • #9
    • 12th Jan 18, 9:52 PM
    Why do you want to wait until it goes to court? You know that you are going to have to move so why wait?
    • theartfullodger
    • By theartfullodger 12th Jan 18, 9:54 PM
    • 9,592 Posts
    • 12,904 Thanks
    theartfullodger
    Ask him for written confirmation and a written good reference
    • csgohan4
    • By csgohan4 13th Jan 18, 8:43 AM
    • 4,552 Posts
    • 2,841 Thanks
    csgohan4
    Ask him for written confirmation and a written good reference
    Originally posted by theartfullodger


    pity the poor LL who ends up with tenant
    "It is prudent when shopping for something important, not to limit yourself to Pound land"
    • FBaby
    • By FBaby 13th Jan 18, 9:08 AM
    • 16,729 Posts
    • 41,343 Thanks
    FBaby
    One more thing: LL says he'll waive court costs (which he's claiming against me) if I don't defend. Sounds like blackmail. Isn't that a criminal offence?
    No more than you forcing him to take you to court to do what he is legally entitled to, ask you to leave the property.

    There seem to be more and more posts about tenants refusing to leave until court order, is this going to become the norm, leaving LL to refuse to rent to anyone who would have much to lose ending up going to court?
    • theartfullodger
    • By theartfullodger 13th Jan 18, 9:33 AM
    • 9,592 Posts
    • 12,904 Thanks
    theartfullodger
    pity the poor LL who ends up with tenant
    Originally posted by csgohan4
    ? What indication is there of anything to even suggest this tenant is in any way not good, please?

    The landlord is absolutely legally entitled to evict using s21. Tenant is equally absolutely legally entitled to remain until bailiffs. (Both being specified in Thatcher's 1988 Housing Act)
    Last edited by theartfullodger; 13-01-2018 at 9:35 AM.
    • silvercar
    • By silvercar 13th Jan 18, 11:52 AM
    • 37,310 Posts
    • 157,173 Thanks
    silvercar
    ? What indication is there of anything to even suggest this tenant is in any way not good, please?

    The landlord is absolutely legally entitled to evict using s21. Tenant is equally absolutely legally entitled to remain until bailiffs. (Both being specified in Thatcher's 1988 Housing Act)
    Originally posted by theartfullodger
    Other than people don't normally end up in court for straight forward contracts.

    If I don't pay my car servicing bill, the garage may well take me to court. Would you still say I have not acted in any way not good (your words)?
    • FBaby
    • By FBaby 13th Jan 18, 1:18 PM
    • 16,729 Posts
    • 41,343 Thanks
    FBaby
    As silvercar stated, should we just wait to be sued for everything we don't want to do because we legally can? Where does it end?

    Next week-end, I'm having a party in the afternoon. Firstly, I'm going to order a very expensive outfit on-line with new shoes and the rest. I'll order it online, wear it all and then return it and demand my money back because you know, I can do so legally.

    Then I'll tell my guests to park anywhere on the close, not to worry about blocking the neighbours. They can knock on the door, but we'll ignore them because legally, there's nothing they can do about it.

    Then I'll order a massive order from M&S, drinks and food, so my guests are well fed, and I'll then complain to M&S that their food was of poor quality and won't pay and they can take me to court if they want payment, because it's my right to refuse payment until a judge order payment.

    This 'it's ok to act irresponsibly because I can legally do so' is becoming a real pest of our society.
    • theartfullodger
    • By theartfullodger 13th Jan 18, 2:05 PM
    • 9,592 Posts
    • 12,904 Thanks
    theartfullodger
    You would be obliged to pay your bill. But as far as I can tell nowhere does OP suggest he hasn't been paying his rent.

    But Thatcher's 1988 Act which permits the "for no reason at all" s21 - which landlord appears to be using, quite legitimately, also states (s5 HA 1988) a landlord cannot bring a tenancy to an end without notice, court, PO then bailiffs.
    http://www.legislation.gov.uk/ukpga/1988/50/section/5
    Until that has happened the tenant has a valid tenancy, does not have to leave. That's the law (like it or not..)

    Could you kindly suggest where the act suggests the tenant is doing anything wrong, please?
    Last edited by theartfullodger; 13-01-2018 at 2:07 PM.
    • FBaby
    • By FBaby 13th Jan 18, 3:01 PM
    • 16,729 Posts
    • 41,343 Thanks
    FBaby
    You would be obliged to pay your bill. But as far as I can tell nowhere does OP suggest he hasn't been paying his rent.
    And I expect the OP will also have a contract to say that he can be given two months notice to vacate. A contract is a contract. Contracts should be respected on both sides, the law should come as a last resort, not as a mean of control just because it's there.
    • FBaby
    • By FBaby 13th Jan 18, 3:04 PM
    • 16,729 Posts
    • 41,343 Thanks
    FBaby
    As said, lodger, would love to see someone taking your own parking space, so you find yourself not able to park your car, and when you go and find them to ask they move the car, they say to you 'sorry but no, I don't have to move legally, so will keep my car there, but you're welcome to take me to court'. Are you saying your response to that person be 'fair enough, I can't evict your car, so good on you to apply your legal rights and I don't mind wasting my time taking you to court whilst I'm being inconvenienced, good on you for know your rights, make sure you share your knowledge'.
    • theartfullodger
    • By theartfullodger 13th Jan 18, 3:47 PM
    • 9,592 Posts
    • 12,904 Thanks
    theartfullodger
    And I expect the OP will also have a contract to say that he can be given two months notice to vacate. A contract is a contract. Contracts should be respected on both sides, the law should come as a last resort, not as a mean of control just because it's there.
    Originally posted by FBaby
    FBaby, are you a landlord or agent?

    Any notice does not end a tenancy, does not require the tenant to leave. That's what Thatcher's HA 1988 says!

    As said, lodger, would love to see someone taking your own parking space, so you find yourself not able to park your car, and when you go and find them to ask they move the car, they say to you 'sorry but no, I don't have to move legally, so will keep my car there, but you're welcome to take me to court'. Are you saying your response to that person be 'fair enough, I can't evict your car, so good on you to apply your legal rights and I don't mind wasting my time taking you to court whilst I'm being inconvenienced, good on you for know your rights, make sure you share your knowledge'.
    Entirely different. It would be "my" parking space (for what its worth I don't have one, assume you are more privileged than I regarding parking...).

    Until a court order is "executed" (Bailiffs or HCEO) the tenancy continues, tenant does not have to leave (still owes rent, obsv..) the property remains the tenant's home, the tenant's property. That is the law. Entirely different from "my" parking space.

    Whilst a landlord rents a property to a tenant it is no longer really landlord's property, it's then his investment only, tenant's property: See
    http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/

    Best wishes to all, including those who disagree with me. Artful: Currently with a number of bricks-and-mortar investments, but no property (the wife owns our home).
    Last edited by theartfullodger; 13-01-2018 at 3:52 PM.
    • parkrunner
    • By parkrunner 13th Jan 18, 3:59 PM
    • 1,154 Posts
    • 1,814 Thanks
    parkrunner
    You would be obliged to pay your bill. But as far as I can tell nowhere does OP suggest he hasn't been paying his rent.

    But Thatcher's 1988 Act which permits the "for no reason at all" s21 - which landlord appears to be using, quite legitimately, also states (s5 HA 1988) a landlord cannot bring a tenancy to an end without notice, court, PO then bailiffs.
    http://www.legislation.gov.uk/ukpga/1988/50/section/5
    Until that has happened the tenant has a valid tenancy, does not have to leave. That's the law (like it or not..)

    Could you kindly suggest where the act suggests the tenant is doing anything wrong, please?
    Originally posted by theartfullodger
    Well he's doing nothing illegal as far as we know but if I was LL I'd certainly refuse him as a future tenant. Personally if I sign an agreement that states ie two months notice then that's what I'd accept, maybe I'm in the minority these days.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

634Posts Today

5,977Users online

Martin's Twitter