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  • FIRST POST
    • Barejester
    • By Barejester 10th Aug 18, 2:24 PM
    • 27Posts
    • 23Thanks
    Barejester
    Proceedings of Possession - Tenant Possibly Evicted
    • #1
    • 10th Aug 18, 2:24 PM
    Proceedings of Possession - Tenant Possibly Evicted 10th Aug 18 at 2:24 PM
    Hi folks,


    I've very recently received a letter from a legal firm, advising that the mortgage company is seeking possession of the property from the landlord, and the court date is scheduled for September 3rd. Things are a bit confusing to me at the moment, although I am trying to inform myself and have recently read through GM's guide on repossessions. I've contacted the landlord, but had no responses so far, I received the letter yesterday so only 24 hours in, and although I'm currently drafting a letter as per the guide from GM to find out if my tenancy will fall under the authorised classification, I have also contacted the mortgage company to see if they can tell me anything over the phone.


    They've, as expected, said no they can not give me any information as I'm not connected to the mortgage or a customer of theirs under data protection. Will a letter change that response at all? Is there any other mechanism I can use to find out if the mortgage is a consent to let/buy to let other than trusting the word of the landlord if/when they respond to me?


    I further saw that we can ask for an extended period of upto 2 months to help us better organise and move out. I'm currently reading the guidance notes for the N244 form which I need to complete, but read on the Shelter website that we can not apply for the 2 month extension if we do not pay rent. We pay rent on time and in full, having done so for the last 3 years we've been in the property, but now my partner want's to withhold rent and put it in another account just till we find out more about what's going on. Her reasons for this are the deposit is not protected, we found that out about 2 years back after we moved in, but have had no contact at all from the landlord since we moved in (have a phone number and email, but they're unresponsive) and we would use that payment to offset the chance of not getting deposit back. Terrible idea? Will this non-payment affect the application for the extension?


    Apologies for the questions, and if I missed any pertinent detail I'll update - we're just trying to get all our ducks in a row so to speak.
Page 1
    • Comms69
    • By Comms69 10th Aug 18, 2:28 PM
    • 5,782 Posts
    • 5,982 Thanks
    Comms69
    • #2
    • 10th Aug 18, 2:28 PM
    • #2
    • 10th Aug 18, 2:28 PM
    Hi folks,


    I've very recently received a letter from a legal firm, advising that the mortgage company is seeking possession of the property from the landlord, and the court date is scheduled for September 3rd. Things are a bit confusing to me at the moment, although I am trying to inform myself and have recently read through GM's guide on repossessions. I've contacted the landlord, but had no responses so far, I received the letter yesterday so only 24 hours in, and although I'm currently drafting a letter as per the guide from GM to find out if my tenancy will fall under the authorised classification, I have also contacted the mortgage company to see if they can tell me anything over the phone.


    They've, as expected, said no they can not give me any information as I'm not connected to the mortgage or a customer of theirs under data protection. Will a letter change that response at all? Is there any other mechanism I can use to find out if the mortgage is a consent to let/buy to let other than trusting the word of the landlord if/when they respond to me?


    I further saw that we can ask for an extended period of upto 2 months to help us better organise and move out. I'm currently reading the guidance notes for the N244 form which I need to complete, but read on the Shelter website that we can not apply for the 2 month extension if we do not pay rent. We pay rent on time and in full, having done so for the last 3 years we've been in the property, but now my partner want's to withhold rent and put it in another account just till we find out more about what's going on. Her reasons for this are the deposit is not protected, we found that out about 2 years back after we moved in, but have had no contact at all from the landlord since we moved in (have a phone number and email, but they're unresponsive) and we would use that payment to offset the chance of not getting deposit back. Terrible idea? Will this non-payment affect the application for the extension?


    Apologies for the questions, and if I missed any pertinent detail I'll update - we're just trying to get all our ducks in a row so to speak.
    Originally posted by Barejester
    You misunderstood.


    It's not 'not paying rent'; it's 'not liable to pay rent'.


    Very sensible advice in terms of withholding rent.


    You may not require an extension. You should attend on the 3rd and explain you hold a lease on the property.
    • parkrunner
    • By parkrunner 10th Aug 18, 2:43 PM
    • 1,585 Posts
    • 2,548 Thanks
    parkrunner
    • #3
    • 10th Aug 18, 2:43 PM
    • #3
    • 10th Aug 18, 2:43 PM
    As you are aware the lender will not talk to you, however the receiver or the managing agent that the receiver uses will discuss any problems with you. With regard to the deposit when this happened to me my deposit also hadn't been registered in any scheme. When I brought this up with the receiver's managing agent they deposited the same sum with one of the schemes and that figure was added to my LL's arrears.


    If you haven't been told by the lender or their agents to stop paying the LL then don't. It the reposession is allowed by the courts you should then receive a letter telling you who to continue paying the rent to.
    • bouicca21
    • By bouicca21 10th Aug 18, 3:12 PM
    • 4,085 Posts
    • 6,518 Thanks
    bouicca21
    • #4
    • 10th Aug 18, 3:12 PM
    • #4
    • 10th Aug 18, 3:12 PM
    When I was in a similar position I followed shelter's advice and also started looking for another place. (Unknown to me There was already a possession order in place due to earlier defaults so i actually received a notice of eviction). I continued to pay rent in order to be squeaky clean when it came to claiming my deposit back. I had forced the landlord to protect the deposit some 2 or 3 months into the tenancy.

    When I left I made sure I paid rent pro rata. Landlord disputed as I hadn't given correct notice. I argued the eviction notice meant I didn't have to - and deposit people agreed.
    • silvercar
    • By silvercar 10th Aug 18, 3:39 PM
    • 38,273 Posts
    • 160,900 Thanks
    silvercar
    • #5
    • 10th Aug 18, 3:39 PM
    • #5
    • 10th Aug 18, 3:39 PM
    Was it bought as a BTL, or did it used to be the landlord's home?

    If it was bought to let out then Land Registry should show the property owner's address as different to that of the property. For 3 you can visit the Land Registry site and download the deeds. If the addresses are different then it is very likely to have the correct BTL mortgage. If the addresses are the same, it is difficult to determine.
    • Barejester
    • By Barejester 10th Aug 18, 3:58 PM
    • 27 Posts
    • 23 Thanks
    Barejester
    • #6
    • 10th Aug 18, 3:58 PM
    • #6
    • 10th Aug 18, 3:58 PM
    Thanks all for your responses, I have some follow up questions, and apologies if these sound stupid - I really have little knowledge in this area.

    however the receiver or the managing agent that the receiver uses will discuss any problems with you
    How can I find out who the receiver is or at which point will a receiver become involved and may contact me? If this happens after the possession hearing, my concern is that we won't have enough time to move if I'm not able to establish the facts before hand and present a valid argument as to why we should be given more time.

    I was in a similar position I followed shelter's advice and also started looking for another place. (Unknown to me There was already a possession order in place due to earlier defaults so i actually received a notice of eviction).
    What kind of timeline did this follow? I understand every situation is different, just trying to get more of an understanding of the situation.

    Was it bought as a BTL, or did it used to be the landlord's home?
    I remember when first meeting the landlord they mentioned having lived in the flat at some point, but we were not the first tenants in the place and I recall him mentioning at least 2 previous tenanants to ourselves. It may be that it was a regular mortgage that may or may not have been converted to BTL/granted CTL.

    For 3 you can visit the Land Registry site and download the deeds.
    Good to know.


    EDIT: I got the deeds, unfortunately it is the later of the two you mentioned and the registered owners are my Landlord and another person and the location of registered owners are the flat in question.
    Last edited by Barejester; 10-08-2018 at 4:12 PM.
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