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JohnG

I'm Being Evicted.no. Really

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Telford County Court.

Claim number 4TF02487.

Warrant number S0000952.

Eviction to take place on 25 january 2006 at 11:30 AM.

Not my own home, of course, but the crash pad I rent whilst working away on clients site.

I guess the landlord realised some time back he was in trouble and has decided to just pocket the rent.

Rent is paid up to 28/1/05 so I've not got much to lose there, but moving on will be a bit of a PITA.

Still, a possible opportunity to buy a bargain price property to add to our portfolio.

Tomorrow's 'to do' list.

1) Find out 'market value' of the place.

2) See if I can persuade the court to suspend the warrant and postpone the eviction date.

3) Speak to lender's solicitor to find out how much the outstanding mortgage/arrears are.

4) Speak to our 'favourite' building society.

5) Anything else?

Seriously, if there's an FTB out there who wants a modern 2 bed semi in Oakengates let me know & I'll keep you informed of progress.

Interesting times indeed. :unsure:

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Establish that you have no liability for your landlods debt whatsoever.

If he has just been pocketingthe rent, he may have been pulling

some other scam.

BTW Commiserations - so much for the Shorthold Assured Tenancy,

only Assured so long as the landlord stays solent. :(

ABB

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Thanks for the commiserations guys. Whilst I'm just a bit irritated by it, my wife has gone off in a worrying fit after I 'phoned her to say what is happening. Serves me right for telling her, I guess :(

I did think about cross posting to SP, but couldn't see where you register. Think I'd better go back and try again. :rolleyes:

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Assured so long as the landlord stays solent. [ABB]

This one seems to be slipping under the water.

For some advice see 'What counts as illegal eviction':

http://england.shelter.org.uk/advice/advice-3193.cfm

Content applies to England

An illegal eviction takes place if your landlord makes you leave your home without following the proper legal process. It is a serious criminal offence.

[...snip...]

What if I don't live with my landlord?

If you don't live with your landlord, you can normally be evicted only if your landlord follows a special legal procedure and gets a court order. However, in a small number of situations, people who don't live with their landlord can be evicted without one.

This could be the case if:

[...snip...]

  • your landlord is having her/his home repossessed by his/her mortgage lender.

and 'Eviction of assured shorthold tenants':

http://england.shelter.org.uk/advice/advice-288.cfm

Content applies to England

The majority of private rented tenants are assured shorthold tenants, which means they can only be evicted in certain circumstances. To do this your landlord must follow the correct procedure. This section explains when landlords have the right to evict assured shorthold tenants and the procedures that must be followed.

[...snip...]

If you have over eight weeks rent arrears or if the property is being repossessed by your landlord's mortgage lender it is likely that the court will have no choice but make a possession order. In other cases the court will probably only make a possession order if it is reasonable to do so.

Also see 'What if your landlord isn't paying up?':

http://observer.guardian.co.uk/cash/story/...1572387,00.html

Tenants may be shocked to find how few rights they have if that landlord fails to keep his or her side of the bargain by not making their mortgage repayments.

[...snip...]

If the tenancy agreement was entered into before the mortgage, the tenant may have an overriding interest in the property, and they therefore may be entitled to remain, says Anna Gregson of Dawsons Solicitors. But if the tenancy agreement was entered into after the date of the mortgage, the tenant will have no right to stay in the property if the lender applies to the court to repossess it.

[...snip...]

Malcolm Harrison, a spokesman for the Association of Residential Lettings Agents, says tenants are not normally in a bad position in the case of repossession. 'What tends to happen is that the lender will let the tenancy run to give the landlord time to sort themselves out, or they will use the rental payments to cover the mortgage repayments until the tenancy is up. That is fairly standard procedure.'

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Wow. I didn't realise that.

I was thinking of trying for a rent reduction by paying up front. Sod that.

I though ASSURED tenancy meant ASSURED. My grasp of the English language must be very poor. If poor really does mean poor....

but then again, I used to think home-owner meant you owned your home. I think it now means you rent your house from a bank.

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Wow. I didn't realise that.

I was thinking of trying for a rent reduction by paying up front. Sod that.

I though ASSURED tenancy meant ASSURED. My grasp of the English language must be very poor. If poor really does mean poor....

but then again, I used to think home-owner meant you owned your home. I think it now means you rent your house from a bank.

Yes this thread has got me thinking. Is it worth paying say 6months up front rent for a wee reduction? Is it worth that risk in this climate???

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Yes this thread has got me thinking. Is it worth paying say 6months up front rent for a wee reduction? Is it worth that risk in this climate???

I've been thinking about this too. I know many shorthold tenancies on flats which were bought at the top of the market and are now loss making by virtue of the rent not approaching even two thirds of the mortgage payments the landlord could be assumed to be making.

I posted a while back that landlords should be subject to the same credit and financial searches that tenants are currently undergoing.....no-one seemed to respond positively. Predictably, it is considered a rude presumption of Wildean proportions to dare to question a landlord's financial reliability, yet as the market in BTL collapses bit by bit, repossessions are becoming more and more common.

There might be not much hope for the tenant legally, but morally there is a lot of scope. No building society would want to be seen as insensitive to the tenant's welfare, especially when he acted in good faith. I suspect that if an eviction threat was countered by publicity and the lender can be made to look machiavellian the tenant might stand a better chance of retaining possession at least until the cessation of the original lease.

VP

Edited by VacantPossession

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Some tosspot near me must be one of the 6 mugs that have bought flats in a block of 24 new builds (well - not new any more - finished over a year ago. 90% sold according to big EA sign - only 6 out of 24 according to the Land Registry.

It is up for rent now - at £825 a month for a 2 bed flat. On the very pleasant established estate opposite - with lots of space and lots of trees - you can rent a nice 4 bed detached for a grand.

Funny old world.

I imagine the eejit who bought it was fed a line by the EA about what a good investment it was. There is, as they say, one born every minute. I should think in a few months the developer will be renting them out for whatever they can get.

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I've been thinking about this too. I know many shorthold tenancies on flats which were bought at the top of the market and are now loss making by virtue of the rent not approaching even two thirds of the mortgage payments the landlord could be assumed to be making.

I posted a while back that landlords should be subject to the same credit and financial searches that tenants are currently undergoing.....no-one seemed to respond positively. Predictably, it is considered a rude presumption of Wildean proportions to dare to question a landlord's financial reliability, yet as the market in BTL collapses bit by bit, repossessions are becoming more and more common.

There might be not much hope for the tenant legally, but morally there is a lot of scope. No building society would want to be seen as insensitive to the tenant's welfare, especially when he acted in good faith. I suspect that if an eviction threat was countered by publicity and the lender can be made to look machiavellian the tenant might stand a better chance of retaining possession at least until the cessation of the original lease.

VP

Sorry I never saw your thread but yes I think this deserves a thread on its own. The points on Landlord credit checking and paying x months rent in advance to achieve a y rent reduction.

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Sorry I never saw your thread but yes I think this deserves a thread on its own. The points on Landlord credit checking and paying x months rent in advance to achieve a y rent reduction.

The landlords lender can only evict if you had notice of the mortgage and the right for the lender to claim posession. The notice is in the tenancy agreement. I thinl its called "ground 2" If it isnt there then the lender takes subject to the tenants rights ie the terms of the tenancy.

So if you are thinking of paying up front, or maybe anyway, just check the tenancy agreement before you sign it.

If the landlord has equity in the property the lender wont mind this right being excluded because it does not cause the lender a risk.

If the landlord cant get the lender to agree to the right being excluded that reflects on his financial position and I dont think it would be a good idea to pay more than a month up front.

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I was evicted from a rental property in the early 90's. It was my final year of Uni and I shared it with 3 friends. One morning one of the flatmates opened a letter by accident - it was for the landlord from the building society and was a 1 month notice to repossession. The Landlord had moved out of the country and we had no contact with him, all our dealings were with a letting agency and on occasion one of the landlords friends who popped in to pick up the post. The landlord had basically just taken the rent and not paid the mortgage. The letting agency were useless, said they couldn't help us and that we still had to pay the next rent cheque!. Building Society couldn't help us either. We ended up finding another place to stay, and the new landlord was more than a little surprised to find the four of us turn up with a complete house load of furniture (which we nicked in a desperrate act of revenge!). We later found out that the our house was just one of a number of houses the landlord had scammed. I always wonder what would have happended if we hadn't opened that letter - at what point would we have found out?

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Yes this thread has got me thinking. Is it worth paying say 6months up front rent for a wee reduction? Is it worth that risk in this climate???

You could always pay with post dated cheques (1 per PCM say), that way if the worst came about, cancel the remaining uncashed ones. It might cost £20 or per one to cancel but factor it into your discount.

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I was evicted from a rental property in the early 90's. It was my final year of Uni and I shared it with 3 friends. One morning one of the flatmates opened a letter by accident - it was for the landlord from the building society and was a 1 month notice to repossession. The Landlord had moved out of the country and we had no contact with him, all our dealings were with a letting agency and on occasion one of the landlords friends who popped in to pick up the post. The landlord had basically just taken the rent and not paid the mortgage. The letting agency were useless, said they couldn't help us and that we still had to pay the next rent cheque!. Building Society couldn't help us either. We ended up finding another place to stay, and the new landlord was more than a little surprised to find the four of us turn up with a complete house load of furniture (which we nicked in a desperrate act of revenge!). We later found out that the our house was just one of a number of houses the landlord had scammed. I always wonder what would have happended if we hadn't opened that letter - at what point would we have found out?

To be fair the county court bailiffs arent complete bastards - if they went round to reposess and found the place occupied by tenants who had no idea what was going on, they wouldnt put the furniture out on the street. They used to carry forms with them which you could fill in to ask the court for a bit of time to sort things out. They used to get stick from the building soceties about this, but the court judges would always back them up.

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I used to think home-owner meant you owned your home. I think it now means you rent your house from a bank.

Correct. The candidate has 5 points! :D

Renting housing is not a business that is terribly profitable plus as businesses go, it is labour intensive and high risk. That is why it is a predominantly a mom and pop business, the banks and EA's take most of the 'profit' whilst you get all the risk, the cost and the work.

Cinnamon

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You could always pay with post dated cheques (1 per PCM say), that way if the worst came about, cancel the remaining uncashed ones. It might cost £20 or per one to cancel but factor it into your discount.

you can cash cheques before the date on them. The date is to allow them to expire not to stop them from being used.

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you can cash cheques before the date on them. The date is to allow them to expire not to stop them from being used.

I think that the paying bank (the bank on which the cheque is drawn) has an option on a post dated cheque whether to honour it or refuse it. Certainly i have never seen bank terms and conditions which do not give this option.

If the paying bank refuses it then bank charges will be imposed both by that bank and the recieving bank (into which it was to be paid.).

Normally on cheques under £500 (I think) its done by machine and the date isnt looked at and it just goes through.

So if the cheque goes through when you didnt intend it to, you end up in a dispute with your landlord to get the money back which was exactly what was intended to avoid.

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All you really need to do is give the impression to the landlord that they cannot attempt to cash the remaining post-dated cheques 'before' the stated cheque date. In normal circumstances its a goodwill measure for both parties. The tenant is handing over pre-payment for more than 1 month with some risk they are accidently deposited before time, the landlord is taking some risk that they may not be able to deposit all the cheques if they are cancelled before they are cashed.

Wouldnt it mean that if a cheque was deposited and paid out before its 'date', that you could dispute it with your own bank.

Depends on each bank T&C's apparently...

http://www.bba.org.uk/bba/jsp/polopoly.jsp...5603&view=print

So basically the cheques need to be from a bank that refuses to pay out on post-dated cheques presented before the date.

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All you really need to do is give the impression to the landlord that they cannot attempt to cash the remaining post-dated cheques 'before' the stated cheque date. In normal circumstances its a goodwill measure for both parties. The tenant is handing over pre-payment for more than 1 month with some risk they are accidently deposited before time, the landlord is taking some risk that they may not be able to deposit all the cheques if they are cancelled before they are cashed.

Wouldnt it mean that if a cheque was deposited and paid out before its 'date', that you could dispute it with your own bank.

Depends on each bank T&C's apparently...

http://www.bba.org.uk/bba/jsp/polopoly.jsp...5603&view=print

So basically the cheques need to be from a bank that refuses to pay out on post-dated cheques presented before the date.

You wont find a single UK clearing bank which doesnt retain the option of paying a post dated cheque.

You cant dispute it with your bank if you are the drawrer of the cheque for that reason.

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I was evicted from a rental property in the early 90's. It was my final year of Uni and I shared it with 3 friends. One morning one of the flatmates opened a letter by accident - it was for the landlord from the building society and was a 1 month notice to repossession. The Landlord had moved out of the country and we had no contact with him, all our dealings were with a letting agency and on occasion one of the landlords friends who popped in to pick up the post. The landlord had basically just taken the rent and not paid the mortgage. The letting agency were useless, said they couldn't help us and that we still had to pay the next rent cheque!. Building Society couldn't help us either. We ended up finding another place to stay, and the new landlord was more than a little surprised to find the four of us turn up with a complete house load of furniture (which we nicked in a desperrate act of revenge!). We later found out that the our house was just one of a number of houses the landlord had scammed. I always wonder what would have happended if we hadn't opened that letter - at what point would we have found out?

Last week I opened a letter addressed to the occupier of the flat we have been renting for 4 months. It mentions that the landlord is required to attend a court hearing as the mortgage is not being paid. I forwarded it onto the landlord and emailed the solicitor explaining that as a tenant I opened the envelope. I pay my rent directly to the landlord by direct debit but I am thinking about cancelling the last one as I don't think we will see the deposit back! Will start looking for a new place to rent this weekend.

I should have known this might happen as the property was being bought but the deal fell through. The asking price is less than the bought price 18 months ago.

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  • 301 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%



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