HELP !! Being evicted in 11 days....

[rhsymonds]

Hi CAG,

I am a tenant in a flat, and the owner has not been paying his mortgage.

 

Something about overvaluation or disagreement over fees.

 

Anyway, a court order arrived on friday saying the property is being repossessed on Tueday 6th November !!!!

 

:mad: :mad:

 

Can they do that ?!?!?!

 

It gives me under 2 weeks to find somewhere to live and move out ?!?!?!

 

I now have just over a week to find somewhere (im looking) before the bailiffs arrive to "change the locks and destroy any belongings still inside the property".

 

Been tenant for 18 months, but never signed a longer lease or anything after the initial 6 months.

 

Is there anything i can do ?? I phoned the court and asked, but they said only the owner can make any difference, and even then its only if he goes into the court and complains, which is unlikely as he doesnt live in this country !!!

 

Any help/opinions appreciated.

[rhsymonds]

Found this on a solicitor site, so its looking fairly final to me.

 

Anybody ??

 

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 for a repossession order from the court. This may be different if the lender has done something to recognise the tenancy.

[gizmo111]

Other than buying the house yourself I don't see that there is anything you can do to stay there.

I'll move this to the tenant/landlord forum where they know more about the law in these matters.

[Joa]

Very short response- sorry, i am about to go out.

Please see: Shelter: Advice and support and call their helpline.

[MrShed]

Unfortunately nothing you can do OP - sorry!

[rhsymonds]

Thanks guys, i was expecting that answer tbh, just didnt think you could evict someone like that. The woman downstairs was repossessed a few months ago (Developers overpriced flats apparently) and they gave her 4 days to get out, even though she had a disabled son !!!

 

Thanks for moving it Gizmo.

[lindyhop]

Hi

 

you could ask for a 'stay' for a time specified period on the basis that you have only been given 2 weeks notice to leave (if this is the case). this will work especially well if within the next 2 weeks you find alternative accommodateion and can show the court that you have another property to move to but you are just waiting for the new tenancy date to start and get the keys. if you have children the judge will likely give you a little bit of extra time so that you can move straight into the new place. (weeks not months)

 

if you have dependants that are part of your household and have no where else to stay temp until you sort out new accommodation, approach your local council, they may be able to provide crisis accommodation for you.

 

lol

[gizmo111]

I guess you may have problems getting your deposit back as well.

[Aequitas]

Hang on!

 

Who is named on this possession order?

[Oh Boy!]

Firstly PM me the court dealing. (it might be me)

 

Errrm, right, Evictions can only be done by County Court Bailiffs, they can give eviction notices between 24hrs and 4 weeks.

 

People to do come to court and make some strange requests for the eviction to be stayed, but the trick is that they make an N244 application on the day of the evicition- maybe an hour before eviction.

 

Once you make the application, the bailiff will be informed that there is a potential stay of eviction.

 

The bailiff will continue with other evictions, and will not return to that eviction for health and safety reasons, it will need to be rebooked, which should give you some more days/weeks.

 

Some people do ring the court and say "i will resist the eviction, and baracade my self in". Again that needs lots of plainning if you see what i mean;)

 

Lets have the court that wants to evict you then.

[Ed999]

The position in law is that the mortgage lender is NOT bound by any letting of the property which is done in breach of the terms of the mortgage.

 

All modern mortgages invariably require the borrower to declare to the mortgage company his intention to let the property, and require him to get the mortgage company's permission.

 

Thus the mortgage lender is not bound by any letting which it has not agreed to, so a tenant typically has no security if the property is already mortgaged. Let's be honest though, a shorthold letting gives virtually no security anyway.

 

 

However, I thought that the court's rules of procedure required that the mortgage lender give notice of the mortgage possession claim to the occupier of the property.

 

A tenant who has not had such notice might have grounds for applying to the court to set aside the possession order, on the basis that the Claim for possession (the form that starts the court case) was not served on him.

 

This is particulary so if the mortgage company has notice of the existence of the tenancy, e.g. because it has agreed a buy-to-let mortgage, or has otherwise given permission for the letting.

 

 

The point is that a mortgage lender MIGHT be bound by the shorthold tenancy, e.g. if the tenancy was granted before the mortgage was. The lender is supposed to state in his possession Claim the date of the mortgage, in order that the occupier/tenant can tell whether the tenancy pre-dates the mortgage.

 

That is the purpose of having the Claim served on the occupier.

 

Consult a solicitor at once, because there could be grounds for having the possession order set aside (i.e. cancelled) for failure to give notice to you of the court proceedings.

 

The most you can achieve is a 2 month delay, if you force the mortgage lender to serve a section 21 notice on you to end the shorthold tenancy, but it is better than 11 days !

 

 

Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

[adridude]

the landlord HAS to provide you with alternative accomodation if he hasn't given you reasonable notice.

[rhsymonds]

Well, he didnt lol. Nobody could get hold of him as we was out of the country and even so, I imagine the last thing on his mind would have been finding somewhere for me to live !!