Jump to content
House Price Crash Forum
keef

My Rented Flat Has Been Repossessed!

Recommended Posts

Letter arrived from a solicitor today, "An order for Possession of the above mentioned property has been made in favour of XXX Mortages PLC who have instructed us to apply to the court for enforcement."

So basically my landlord has defaulted on his mortgage & apparently lost ownership of the flat (I'm not entirely sure of the precise meaning, only read the letter 30 mins ago). Letter tells me to contact them to discuss how it will effect me as a tenant. I'm posting this before searching the forum for similar cases (sorry for being lazy) but if anyone in the know could help me with these queries or link me to another post I'd appreciate it -

1) What timeframes am I looking at til I'm chucked out?

2) Is it deffo I'm out or might the lender allow me to stay for a while?

3) Is there anything I can or need to do to elongate the process?

4) Will the bailiffs be bigger than me :)

I'm basically just trying to find out what I need to do & how quickly, TIA.

Share this post


Link to post
Share on other sites

Letter arrived from a solicitor today, "An order for Possession of the above mentioned property has been made in favour of XXX Mortages PLC who have instructed us to apply to the court for enforcement."

So basically my landlord has defaulted on his mortgage & apparently lost ownership of the flat (I'm not entirely sure of the precise meaning, only read the letter 30 mins ago).  Letter tells me to contact them to discuss how it will effect me as a tenant.  I'm posting this before searching the forum for similar cases (sorry for being lazy) but if anyone in the know could help me with these queries or link me to another post I'd appreciate it -

1)  What timeframes am I looking at til I'm chucked out?

2)  Is it deffo I'm out or might the lender allow me to stay for a while?

3)  Is there anything I can or need to do to elongate the process?

4)  Will the bailiffs be bigger than me  :)

I'm basically just trying to find out what I need to do & how quickly, TIA.

This happened to me sometime ago (in the nineties). I doubt you have a leg to stand on and would be better looking for somewhere to live. The mortgage people have a possession order. They will need to enforce this by getting an eviction notice. This might be 28 days. If you wanted to you could visit the County Court and become joined in the proceedings. This *might* buy you some extra time (though I very much doubt it).

Share this post


Link to post
Share on other sites

Are the mortgage company actually saying they are going to throw you out? They might mean they want to discuss keeping you on as a tenant, possibly, maybe, or something. At least that way they don't have to sell an empty property.

Edit: Shelter always seem to have useful info for renters: http://england.shelter.org.uk/get_advice/eviction/repossession_by_a_landlords_lender

Edited by efdemin

Share this post


Link to post
Share on other sites

Letter arrived from a solicitor today, "An order for Possession of the above mentioned property has been made in favour of XXX Mortages PLC who have instructed us to apply to the court for enforcement."

So basically my landlord has defaulted on his mortgage & apparently lost ownership of the flat (I'm not entirely sure of the precise meaning, only read the letter 30 mins ago). Letter tells me to contact them to discuss how it will effect me as a tenant. I'm posting this before searching the forum for similar cases (sorry for being lazy) but if anyone in the know could help me with these queries or link me to another post I'd appreciate it -

1) What timeframes am I looking at til I'm chucked out?

2) Is it deffo I'm out or might the lender allow me to stay for a while?

3) Is there anything I can or need to do to elongate the process?

4) Will the bailiffs be bigger than me :)

I'm basically just trying to find out what I need to do & how quickly, TIA.

Hi Keef

Take this with a big pinch of salt as I don't know if its true....

If its a BTL mortgage and/or they have permission, then I think they will honour the tenancy agreement. If the tenancy predates the mortage then your contract will have priority.

I think it takes a couple of months to get all the court proceedings done and/or they may have to issue a section 21 which gives 2 months.

The fact they know your a tennant suggests its a BTL mortgage, but best worth contacting them.

Share this post


Link to post
Share on other sites

I doubt you have a leg to stand on and would be better looking for somewhere to live. The mortgage people have a possession order. They will need to enforce this by getting an eviction notice. This might be 28 days. If you wanted to you could visit the County Court and become joined in the proceedings. This *might* buy you some extra time (though I very much doubt it).

Woah, just a minute there.

First of all, this is why when you take out a rental contract you should get one of the conditions of rental that if there is any mortgage outstanding on the flat, the landlord has to repay the mortgage for the contract to be binding.

Secondly, if anyone shows up to either change locks or throw you out, quote the Protection From Eviction Act 1977 which is now part of the Housing Act 1988 which makes it a CRIMINAL offence for them to attempt this without notice. If it happens, tell them that the police are on their way to arrest them.

I quote:

A landlord’s right to get his or her property back from a

residential tenant can normally only be enforced through

the courts. A landlord seeking possession from an assured

or assured shorthold tenant must tell that tenant of his or

her intentions to start court proceedings by serving a

notice of seeking possession on the tenant. Depending on

the grounds on which the landlord is seeking possession,

the period of notice will be zero weeks, two weeks or

two months except in a few cases where the tenancy

agreement stipulates longer notice. A landlord seeking

possession from most other kinds of residential tenants

12

or licencees must serve a notice to quit giving at least

4 weeks’ notice. In either case, the tenant is not required

to leave the property until the notice expires, and even

then may not be evicted without an order of the court.

Available here under "Illegal Eviction"

If the Landlord didn't notify you that he was being taken to court, the eviction notice is not enforceable and the police should be called if they try anything funny.

In order for the eviction to be legal, the property owners (which are obviously not your Landlord any more) must have "vacant possession". This is generally interpreted to mean that the tenant must leave immediately however this is a common misconception because the tenant must only be removed by due legal process BEFORE the court posession order is granted. If the court hasn't bothered to find out if the property is vacant, the repossession order is invalid.

Share this post


Link to post
Share on other sites

Fellas,

Ta for this advice. Don't get me wrong, round where I live there are shedloads of rental properties & as I'm a sell-to-renter I'm not short of a bob, I was just nice & comfy here & have my 40th birthday planned in Sept (it's quite a big flat) so it's just unsettled me a bit.

Particularly like Sir Sidney's advice.

Efdemin - not spoken to 'em yet, will have a chat in the morning.

Dr Elk - pretty much tallies with my googling.

Share this post


Link to post
Share on other sites

Woah, just a minute there.

First of all, this is why when you take out a rental contract you should get one of the conditions of rental that if there is any mortgage outstanding on the flat, the landlord has to repay the mortgage for the contract to be binding.

Hoe does this help?

If you void the contract that you do have, statute now says that it will be replaced by a standard AST.

tim

Share this post


Link to post
Share on other sites

Woah, just a minute there.

First of all, this is why when you take out a rental contract you should get one of the conditions of rental that if there is any mortgage outstanding on the flat, the landlord has to repay the mortgage for the contract to be binding.

Secondly, if anyone shows up to either change locks or throw you out, quote the Protection From Eviction Act 1977 which is now part of the Housing Act 1988 which makes it a CRIMINAL offence for them to attempt this without notice. If it happens, tell them that the police are on their way to arrest them.

I quote:

Available here under "Illegal Eviction"

If the Landlord didn't notify you that he was being taken to court, the eviction notice is not enforceable and the police should be called if they try anything funny.

In order for the eviction to be legal, the property owners (which are obviously not your Landlord any more) must have "vacant possession". This is generally interpreted to mean that the tenant must leave immediately however this is a common misconception because the tenant must only be removed by due legal process BEFORE the court posession order is granted. If the court hasn't bothered to find out if the property is vacant, the repossession order is invalid.

The landlord isn't seeking repossession, the mortgage company is. They *might* not know the OP exists. I suggest he contacts them.

Also I have been in a similar situation myself, and attended the county court hearing. At best all I could do is delay the eviction proceedings. Of course the law may have changed in the meantime, and its interesting that one poster suggests that the AST should be honoured.

Share this post


Link to post
Share on other sites

Letter arrived from a solicitor today, "An order for Possession of the above mentioned property has been made in favour of XXX Mortages PLC who have instructed us to apply to the court for enforcement."

So basically my landlord has defaulted on his mortgage & apparently lost ownership of the flat (I'm not entirely sure of the precise meaning, only read the letter 30 mins ago). Letter tells me to contact them to discuss how it will effect me as a tenant. I'm posting this before searching the forum for similar cases (sorry for being lazy) but if anyone in the know could help me with these queries or link me to another post I'd appreciate it -

1) What timeframes am I looking at til I'm chucked out?

2) Is it deffo I'm out or might the lender allow me to stay for a while?

3) Is there anything I can or need to do to elongate the process?

4) Will the bailiffs be bigger than me :)

I'm basically just trying to find out what I need to do & how quickly, TIA.

This gives full details http://england.shelter.org.uk/get_advice/eviction/repossession_by_a_landlords_lender

or if you don't live in England, then you need to look somewhere else

Basically

1) could be a few days

2) if they appoint an LPA receiver then they would allow you to say

3) maybe. You need proper advice.

4) I don't know how big you are, but they will be quite big and there will be more than one of them.

Share this post


Link to post
Share on other sites

1) could be a few days

2) if they appoint an LPA receiver then they would allow you to stay

3) maybe. You need proper advice.

4) I don't know how big you are, but they will be quite big and there will be more than one of them.

:)

Thanks fellas - I don't think they are really aware of me for certain but I suppose I'll just do the right thing & give them a call, see what they say ...

Share this post


Link to post
Share on other sites

Just wrote a long reply and then re read the OP.

Just ring them up, the fact they have informed you and know you are the tenant is a better situation than if they don't regonise the fact you are there.

Edited by gilf

Share this post


Link to post
Share on other sites

Just wrote a long reply and then re read the OP. Just ring them up, the fact they have informed you and know you are the tenant is a better situation than if they don't regonise the fact you are there.

Yeah, I think you're right, mate. I'll give them a call tomorrow & let ya know what they say, just for interest's sake.

Share this post


Link to post
Share on other sites

Some misguided info on this thread.

If the mortgage is BTL, or the tenancy agreement pre-dates the mortgage, your interest should take priority and the term of the tenancy has to be respected. Only way to find out is by the terms of the mortgage.

If the mortgage is not BTL and your agreement doesn't predate the mortgage, then you have no way to force the lender to stop repo. Could the lender accept your tenancy? Yes, but they really have no idea of the liabilities involved, so that's pie in the sky. Get on to shelter about suing the LL, but what's the point when the banks can't get satisfaction from him?

There was an act brought in a few months ago to allow the court to give unprotected tenants a couple of months leeway before they have to move, but this doesn't come into effect until October 2010. There is an argument that the act doesn't apply to ASTs anyway - but I doubt that's going to be explored much: a tenant practically has two months to get out because the eviction procedure takes that long anyway (usual possession order is suspended for 28 days - if you turn up with a sob story the judge will probably extend that to 56 days - and after that the bailiffs take a while to grind through the gears).

Basically, the act is window dressing.

All the best!

BTW - do NOT get yourself joined as a party: that means costs can be awarded against you. Not nice to have a few hundred £quid extra to pay when you've already been raped for the deposit.

Edited by okaycuckoo

Share this post


Link to post
Share on other sites

Some misguided info on this thread.

Again, more interesting & useful advice, the difference of opinion amongst knowledgeable folk on this good forum is a bit worrying tho?

okaycuckoo- I only moved in last November - am I not covered by this deposit scheme, I thought I was?

Share this post


Link to post
Share on other sites

Again, more interesting & useful advice, the difference of opinion amongst knowledgeable folk on this good forum is a bit worrying tho?

okaycuckoo- I only moved in last November - am I not covered by this deposit scheme, I thought I was?

Deposit scheme is mostly NuLab rubbish. Some posters here swear by the multiple compensation you can get from the court, but it is a very tricky subject. An amateur landlord may have no idea about the law, but is probably not a mark to recover your money anyway. A pro landlord probably is a mark, but knows the law.

Talk to shelter/cab toot sweet. CAB are very busy, so it might be too late to get an appointment. Dunno about shelter.

All the best.

Share this post


Link to post
Share on other sites

Again, more interesting & useful advice, the difference of opinion amongst knowledgeable folk on this good forum is a bit worrying tho?

okaycuckoo- I only moved in last November - am I not covered by this deposit scheme, I thought I was?

IF your LL used a deposit scheme then you will definitely get your deposit back. The bank has no claim on your deposit to cover the landlords debt.

Keef, in general response to your OP, here is some practical advice.

First of all, don't panik.

Your flat has been repossessed, which is a legal process. Eviction is a separate legal process and will take some time. It sounds like the solicitor is opening up a line of communication with you and wants to explore various options. The bank wants to minimise its loss, not just throw you out. It may sell the property to you, or it may sell it to an interested 3rd party with you as a tenant. If the block is really as empty as you say, and moving is not a disaster anyway, then you are in quite a good negotiating position.

Contact the solicitor ASAP. I don't recommend calling, do everything in writing, an email will suffice. They wont even know for sure that you are still living there, so start by confirming your existence and the terms of your tenancy. If you want to stay on, then tell them so.

The solicitor, acting as the agent of the bank, will either take you on as a tenant, will give you notice to quit, or will commence eviction proceedings. Whatever happens, once you have confirmed your existence, the solicitor and the courts are obliged to inform you of proceedings and the bailiffs will not turn up out of the blue. At the very worst you should get about 6 weeks from the start of eviction proceedings.

I'm sure you've done this already, but stop paying rent to your landlord. Don't pay anything to the solicitor without a tenancy agreement. If you feel like it, make a formal offer to buy the place - you may get very, very lucky. You will get your deposit back if it is with an official scheme, so shouldn't be out of pocket by this process. You may even avoid paying a couple of months rent too, which will be a bonus. It's annoying to lose your home and have to move though. The court has no discretion not to evict you in this circumstance, but if you can be bothered to fight your corner, the court should give you an extra few weeks grace.

Good Luck, and make sure you enjoy your 40th birthday!

Share this post


Link to post
Share on other sites

Keef, in general response to your OP, here is some practical advice.

That's great - thanks lastlaugh.

Good Luck, and make sure you enjoy your 40th birthday!

I shall try, it's only a number, innit? :unsure:

Share this post


Link to post
Share on other sites

IF your LL used a deposit scheme then you will definitely get your deposit back.

Forgot to say, yup - it's with mydeposits.co.uk so that's good news ...

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing   0 members

    No registered users viewing this page.

  • 261 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.