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PhilT

Btl Landlord Facing Reposession

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Apologies for posting this here - I know it belongs in the rent sub-forum - but I was hoping to get some insights into a real situation.

A friend of mine is renting a newish build apartment from a BTL landlord. The landlord is a bit of a fly by night character and is currently uncontactable. My friend has received a letter from the landlord's mortgage provider giving notice that it is seeking to enforce a court order for reposession. The letter does not state any date for eviction. When he called them, the mortgage company refused to give my friend any further details.

I was wondering whether any of you could offer any practical advice on what is now likely to happen in terms of timing etc. I suppose eviction is now inevitable if the landlord does not make good his mortgage default. How much notice before an eviction date can my friend expect to receive? Is there any minimum period? Does the notice have to be served by bailiffs? When the court grants the eviction order, does it consider the position of the tenant at all? Would the bank consider an offer by the tenant to buy the property?

Any advice much appreciated.

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Apologies for posting this here - I know it belongs in the rent sub-forum - but I was hoping to get some insights into a real situation.

A friend of mine is renting a newish build apartment from a BTL landlord. The landlord is a bit of a fly by night character and is currently uncontactable. My friend has received a letter from the landlord's mortgage provider giving notice that it is seeking to enforce a court order for reposession. The letter does not state any date for eviction. When he called them, the mortgage company refused to give my friend any further details.

I was wondering whether any of you could offer any practical advice on what is now likely to happen in terms of timing etc. I suppose eviction is now inevitable if the landlord does not make good his mortgage default. How much notice before an eviction date can my friend expect to receive? Is there any minimum period? Does the notice have to be served by bailiffs? When the court grants the eviction order, does it consider the position of the tenant at all? Would the bank consider an offer by the tenant to buy the property?

Any advice much appreciated.

If your friend does consider buying, make sure he/she offers 25% less than asking ;)

Edited by OzzMosiz

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You'd need a lawyer to check it out, or go to CAB, but I believe there's a significant difference between a posession order and an eviction notice....

It used to be a difficult and long process to gain an eviction order i.e. months, but not sure these days - may have changed.

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Guest Guy_Montag

There was a thread on something like this recently. It seems that a bank can evict the tennant, but to be honest i wouldn't worry too much. It's a long way away.

I think the conclusion was something like:

If the Landlord is uncontactable, write a letter to his last known address, saying your going to stop paying rent to him, but pay it into a bank account which will go whoever has better lawyers, send a copy to the mortgager too.

Then wait & see. It will take the bank a while to get the tennant out if they don't want to go, on the other hand I would start looking for new accommodation.

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There was a thread on something like this recently. It seems that a bank can evict the tennant, but to be honest i wouldn't worry too much. It's a long way away.

I think the conclusion was something like:

If the Landlord is uncontactable, write a letter to his last known address, saying your going to stop paying rent to him, but pay it into a bank account which will go whoever has better lawyers, send a copy to the mortgager too.

Then wait & see. It will take the bank a while to get the tennant out if they don't want to go, on the other hand I would start looking for new accommodation.

you are right....this was discussed recently and i believe that if the house/flat is repossessed then the tenant has two months notice? admittedly, as you say, the process to repossession can take a lot longer than this..

ellenmyfanwy

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Go get a local solicitor to give you 20 mins free advice - contact your local firms and ask them if they can offer a solicitor to offer you advice free. Many do it - in fact I'm not sure that they have something that says they can do XX amount of freebie advice.

Citizens Advice are really good in this area too - but you may have to book up and it may take a week to get advice. But they really are on the ball on this kind of stuff in my experience - plus they'll get in the solicitor on their books who offers them advice to further your case.

Similar situation to yours - landlord defaulted on mortgage repayments and baliffs arrived at 6:30am - first I knew of the problem - showed them my passport - showed them my rent book (had no contract as the Landlord, despite taking ALL of my previous rental agreements (never returned) saying he was new and didn't know how to draw up and agreement - still didn't do an agreement after one year.

Solicitors advice said that could cut a deal with the mortgage company (so somewhat surprised they wouldn't deal with you) ... may be a solicitors letter could swing it.

Apparently, the mortgage company has to take you on - and has to take on the landlord's responsibilities if they repossess - and if you have signed a year's agreement or even less, the mortgage company is supposed to be bound by this providing you pay them your monthly rental!!

Only solciitors'/CAB advice can help your friend on this - and they will draft your friend a letter which he/she then need to type out and send. But they'll have to take the letter themselves in long hand - so get them to take paper and pen to the appointment and write EVERYTHING down.

Fight the BTLers ... don't let them win - fight the cause bro'.

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You have rights as a tenant providing your rent is paid and up to date - however I am not fully familiar with tenancy agreements so the advice of contact a solicitor of CAB is the first step

I am familiar with court process as I worked for a finace company during the last crash and was involved in many repo cases (don't brand me as a b*astard they all had really bad arrears and had lied and cheated - we had sympathy with the genuine cases)

It has been several years sice I worked in fanace but I don't think the law has changed fundamentally

You are a long way from eviction it seems as the letter says the mortgage company are seeking a court order for posession which means they have started proceedings and are at step 3 of the list below

If your friend wants more time he/she needs to get some legal advice - if the CAB get involved that will usually slow the process down as long as the court have granted a possession order already - these can be overturned but it may prove difficult.

The procedure goes as follows

1. The Mortgage company will file proceedings for possesion in the County Court - the court will set a date for the hearing anything from 1 month to 6 depending upon how busy the court is

2. If the landlord does not present a defence at the hearing and the District Judge is happy with the plaintiffs case he will serve a possession notice which will usually have a minimum of 28 days

3. When the time limit expires the plaintiff (mortage company) can apply to the court to have the notice made into an order usually another 28 days minimum

4. This is assuming that the landlord does not attend court and plead difficult circumstances etc. if he/she does then this can extend the process considerably

5. When the possesion order expires the plaintiff can apply to the Bailiff to take possession if there is someone living in the premises this is not easy - although you would have to be tough to ride it out and argue with the bailiff on the doorstep

6. Usually when the Bailiff gets involved then people move out before the final showdown

It took us anything from 9 months to 3 years to get someone out - on the other hand if a property is abandoned ie empty then a mortgagor can take immediate possession (break the door down and change the locks)

Hope this helps CS

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Fight the BTLers ... don't let them win - fight the cause bro'.

Thanks for this (and the other responses too).

It's like a double whammy - BTLers force up prices then screw FTB tenants by disappearing when their investment plans go awry. In this case I think what happened is that the landlord has an interest only mortgage which is now not covered by the rental income.

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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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