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    • mummyofboys1985
    • By mummyofboys1985 13th Oct 18, 10:55 AM
    • 83Posts
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    mummyofboys1985
    Private tenant facing eviction due to unpaid mortgage
    • #1
    • 13th Oct 18, 10:55 AM
    Private tenant facing eviction due to unpaid mortgage 13th Oct 18 at 10:55 AM
    Hey All,

    As title says we private rent through a local letting agency and have been here for 1 year.

    Last week a recorded delivery letter was received who b included a calling up notice giving the landlord 2 months to resolve issues with their mortgage.

    We contacted letting agency who took a copy of the letter and reassured us that there was nothing to worry about and landlord has several properties and must have just forgot.... Well we are concerned.

    I have called the solicitor representing the lender and they have said it's at an early stage and I've to call in 1 month to see if the issues been resolved.

    Anything else I should do in the meantime? I'm seriously considering just moving anyway, how can you forget to pay your mortgage? x
Page 1
    • HampshireH
    • By HampshireH 13th Oct 18, 11:33 AM
    • 1,149 Posts
    • 1,380 Thanks
    HampshireH
    • #2
    • 13th Oct 18, 11:33 AM
    • #2
    • 13th Oct 18, 11:33 AM
    I doubt they *forgot* to pay their mortgage.

    Do some research on the stages of repossession. Its not the quickest process in the world. Will also depend how much the LL owes.
    • davidmcn
    • By davidmcn 13th Oct 18, 11:40 AM
    • 9,309 Posts
    • 9,937 Thanks
    davidmcn
    • #3
    • 13th Oct 18, 11:40 AM
    • #3
    • 13th Oct 18, 11:40 AM
    Do some research on the stages of repossession.
    Originally posted by HampshireH
    Paying attention to Scottish procedure (as I think that's where the OP is from the reference to a calling-up notice).

    There's a lot more to it procedurally, and there's a good chance you'll hear nothing more about it if the landlord sorts out their arrears.
    Last edited by davidmcn; 13-10-2018 at 12:17 PM.
    • theartfullodger
    • By theartfullodger 13th Oct 18, 12:04 PM
    • 9,988 Posts
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    theartfullodger
    • #4
    • 13th Oct 18, 12:04 PM
    • #4
    • 13th Oct 18, 12:04 PM
    See for Scottish process....
    https://scotland.shelter.org.uk/get_advice/advice_topics/repossession_of_your_home/eviction
    • Kit Katt
    • By Kit Katt 13th Oct 18, 12:07 PM
    • 22 Posts
    • 23 Thanks
    Kit Katt
    • #5
    • 13th Oct 18, 12:07 PM
    • #5
    • 13th Oct 18, 12:07 PM
    To be safe and protect yourself from hassle if I were you I'd find somewhere else. Who needs a iffy landlord
    • mummyofboys1985
    • By mummyofboys1985 13th Oct 18, 12:11 PM
    • 83 Posts
    • 4 Thanks
    mummyofboys1985
    • #6
    • 13th Oct 18, 12:11 PM
    • #6
    • 13th Oct 18, 12:11 PM
    Yeah I found it strange he used that excuse... wonder if they "forgot" to pay the mortgage on their own home! So all.i can do now is wait hear
    • AdrianC
    • By AdrianC 13th Oct 18, 1:17 PM
    • 19,698 Posts
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    AdrianC
    • #7
    • 13th Oct 18, 1:17 PM
    • #7
    • 13th Oct 18, 1:17 PM
    If/when the repossession goes through, the lender needs to give you two months notice under s8 ground 2. It's a mandatory ground, so there's nothing you can do about it. This applies even if you're in a fixed period of your tenancy.
    • dotchas
    • By dotchas 13th Oct 18, 1:32 PM
    • 2,407 Posts
    • 3,426 Thanks
    dotchas
    • #8
    • 13th Oct 18, 1:32 PM
    • #8
    • 13th Oct 18, 1:32 PM
    Does the landlord use your address for his mortgage lender? He probably doesn't have a BTL mortgage.
    I love bargains
    I love MSE
    • theartfullodger
    • By theartfullodger 13th Oct 18, 3:13 PM
    • 9,988 Posts
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    theartfullodger
    • #9
    • 13th Oct 18, 3:13 PM
    • #9
    • 13th Oct 18, 3:13 PM
    If/when the repossession goes through, the lender needs to give you two months notice under s8 ground 2. It's a mandatory ground, so there's nothing you can do about it. This applies even if you're in a fixed period of your tenancy.
    Originally posted by AdrianC
    S8g2 doesn't apply in Scotland. Apart from anything else, up there it's Schedule 5...
    • AdrianC
    • By AdrianC 13th Oct 18, 3:20 PM
    • 19,698 Posts
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    AdrianC
    Ah, I think I must have missed the "This must be Scotland, then" pointers.
    • mummyofboys1985
    • By mummyofboys1985 14th Oct 18, 10:42 AM
    • 83 Posts
    • 4 Thanks
    mummyofboys1985
    This is the first letter that's came so I'm guessing anything to do with actual mortgage goes to their home address
    • bouicca21
    • By bouicca21 14th Oct 18, 11:21 PM
    • 4,092 Posts
    • 6,533 Thanks
    bouicca21
    Same happened to me, except that mine had got to actual eviction stage - apparently he regularly 'forgot' so already had a judgement against him. Banks aren't nearly as rapacious as you expect them to be, my landlord hadn't paid a penny for months, despite the mortgage payment being considerably less than my rent.

    And someone who CBA to pay a mortgage has almost certainly messed up on other things too. Time to start planning a move.
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