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Confused about court case/eviction
Pendrix
Posts: 28 Forumite
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?
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Comments
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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.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
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??0
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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?0 -
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?0 -
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?
Has the LL put that in writing about the court costs
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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/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 ForumTeam0 -
Of course it's not blackmail, it's called negotiating.0
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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.0 -
Why do you want to wait until it goes to court? You know that you are going to have to move so why wait?0
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Ask him for written confirmation and a written good reference0
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theartfullodger wrote: »Ask him for written confirmation and a written good reference
pity the poor LL who ends up with tenant"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0
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