My landlord Morgate company is seeking reposession

[roboraver]

Any advice ? my landlords mortage company has instructed a solicitors to start legal proceedings for re-posseion of the flat where we (2 adults 1 child under 3) is currently staying (Have been for 4 years now !).

We are on the council waiting list but a very low banding, do we contact Shelter or Citizens Advice or Council ? How long will it take before they can get a eviction order ? My landlord does not care and is not returning calls, am really stressed and I very much doubt we will get our deposit back (1050)

[Joa]

Hi there. Required reading first, and then ask, if you have any further questions:

http://www.consumeractiongroup.co.uk/forum/tenants/118508-help-being-evicted-11-a.html#post1204743

http://www.consumeractiongroup.co.uk/forum/tenants/94427-revised-homelessness-code-guidance.html

http://www.consumeractiongroup.co.uk/forum/tenants/117572-unfair-deposit-deductions.html#post1188882

[roboraver]

Thank you Joa,

Does this mean that I will need to clarify from the mortgate company when he took out the mortage ? (e.g. to decide if I have any rights ?), the 2nd link did not work I get a 404 error and cant seem to find the correct document.

 

Do you know how long it takes before getting a court date ? we will both have to attend court ? Do I not need this just before xmas

[MrShed]

This is far from my area of expertise, but I think the only real issue giving you any rights is whether the landlord had permission from the lender to let the property? Could be wrong though! Do you know whether this is the case?

[Joa]

Hm, all links work for me- can I ask others to check?

 

As for talking to a mortgage company: you can try to contact them but if they are on the ball, they will not release any info to you, without permission from the landlord.

Attending court- you should, as this may result in more time for you to locate new acommodation. Please do not panic, county courts are not intimidating, you haven't done anything wrong and judges are usually sympathetic to people in your position.

The timeframes: I really can't say, much will depend on how the landlord and his mortgage provider act-it is possible that the landlord will bring everything to order and there will be no need to move, but unfortunately until you manage to nail the landlord for a serious chat, there is going to be a lot of uncomfortable uncertainty in the immediate future.

That's why your smartest move should be to look for a new place to live. Focus on getting a good reference and a deposit from your landlord and get ready to push the council.

[Joa]

Right, the link inside the link was wrong- the government helpfully re0arranged stuff.

This is the link:

http://www.communities.gov.uk/documents/housing/pdf/152056

[roboraver]

Thnk you for the great adive, I think I really need to take a day off work to visit CAB and speak to shelter, I really would not be able to afford renting privatly without getting the deposit back, I just hope they dont get a court order before Xmas (Will be in a better position to find somewhere else to rent).

[Ed999]

You are probably not affected by the mortgage repossesion unless the mortgage company gives you notice of the repossession proceedings.

 

That notice will include the date of their mortgage. An unauthorised letting to you is not binding on them if your tenancy was granted AFTER the date of their mortgage.

 

 

 

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.

[roboraver]

Thank you, so let me understand and be clear. The letter I have got from the solitcors just mentions that they have been instructed to begin legal proceedings for re-possesion. So they will then send the documents to me that they will rely on in court which should include the date of his mortgate. If this date is before we became tenants then the mortgage company will need to give us time to find another place or is it the other way around (e.g. If he took out the mortgage after we became tenants..) I hope that make sense.......................

[Ed999]

If the letter is from the mortgage company's solicitors, they will arrange for the court to serve the application for possession on you, as the occupier, as well as on the landlord.

 

The application will specify the date of the mortgage. If the mortgage pre-dates your tenancy, you have no defence to the court proceedings and thus the court must make a possession order against you at a hearing, if you are an unauthorised letting.

 

The application will include the amount of the landlord's mortgage debt, and the amount of the arrears. This will give you some idea of whether the landlord has any realistic prospect of avoiding repossession.

 

The date of the court hearing of the possession claim will be notified to you, and you will probably be given 28 days after the hearing to vacate the premises.

 

Don't move out without a court order evicting you, or you will be intentionally homeless, with all the usual consequences, i.e. no possibility of the council rehousing you.

 

 

 

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.

[Ed999]

Just for information, and reference, I am posting here Ground 2 of section 8 in the Housing Act 1988 -

 

Ground 2: That there is a mortgage on the property, created before the tenancy began, and the lender wants to sell the property (e.g. because of mortgage arrears), and that the landlord notified the tenant in writing before the tenancy began that he might seek possession on this ground (though the court can waive this requirement).

 

Read this thread for more information about section 8: http://www.consumeractiongroup.co.uk/forum/tenants/116385-shorthold-tenancy-posession-eviction.html

 

Ground 2 is the ground for possession that the mortgage lender will be relying on against the tenant in court. The mortgage lender won't normally have any problem getting a possession order if the landlord has breached the terms of the mortgage by wrongfully letting the property without the mortgage lender's knowledge.

 

 

 

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.

[roboraver]

That you Ed999,

I think it may be the case that he was letting the property without the their knowledge (As his letters still come) so I will wait for the court order (Not looking forward to xmas now ). Do you know roughtly how long it takes ? Is it a matter of months rather then weeks ?

 

On another note, we have been using the bidding system for a council property over the last 3 years but have not had much luch as our banding is very low ("C"). I have just contacted the councils housing department and they have mentioned that our status will not change Is this true ? I was expecting them to say "Well OK, your going to be evicted due to no faulty of your own, so we will change your banding to allow you more of a chance to bid".............

[Joa]

You really need to know the guidance on Homelessness when discussing your case with the council. Print out the relevant chapters from the link I have given you. The local authority will be as obstructive as possible because of the dire shortage of available housing stock. So do not be disheartened- it's the game that has to be played, very tough game and you need to push hard to be heard.

But being rehoused by the local authority is not your only option- in fact it should be your last option because if they do not have the properties, they will place you in a temporary accommodation, or B&B or such like, which very often is of a very low standard. What you should be trying to find out is whether your local authority operates any schemes that help people in your position to find private lettings, by offering help with deposit, guaranteed rent, list of landlords who lease to local authority, landlords who are prepared to take Housing Benefit claimants etc. Please get in touch with Shelter; Shelter will help to find a local advice source- local people who know what policies and schemes your council operates.

[roboraver]

OK, now have recieved a letter that mentions that a re-possesion hearing will take place in early dec (15th !) in a local county court, having spoken to the local council and faxed them all the letters recieved they have mentioned that their hands are still tied until I recieve a letter for repossession !! , I can also assume that my deposit is gone down the drain !

 

Should I still pay the rent for DEC ? (Due on the 1st of DEC) or should I inist that they take it from the deposit ?

[roboraver]

Any advice ? Should I still pay the rent for Dec ? (Due on the 1st of DEC but bearing in mind the re-possestion hearing is on the 17th) or should I insist that they take it from the deposit ? :?

[Joa]

Hm, I fear that some experts here may disagree, because withholding of rent should be strongly avoided but in your circumstances.....

Don't pay it but have it ready to pay at a moment's notice- once the landlord contacts you to say that the mortgage company has been sorted.

Put in writing, take copies and send by Recorded to the landlord.

[roboraver]

OK now I am really confused, having spoken to a Lawyer they have mentioned that I should change the locks and withhold paying the rent until I find out what happens on the 17th ? doesnt that sound a bit drastic ?

[Planner]

I would nip to your bank, set up a basic bank account in your own name and pay Decembers rent into that. Dont touch it what every you do. I would write to the mortgage company Landlord/Agents and advise what you have done and the money will be available once you know if the landlord is going to be able to fulfil his contractual obligations for December i.e. will you still have a house come the 16th!.

 

The downside to this is that you could make the LL financial situation worse, hence speeding his property demise.

 

The upside is you wont lose additional money.

 

I would be looking for a place to move to and investigating how to reclaim your depsoit!

[roboraver]

OK, I am about to send this letter to the mortage company and the courts, is this OK to send ? (I sort of nicked bits and created stuff from the landlords zone posts but I dont know if its the correct thing to do (e.g. the landlord could be in big trouble if he has illegally rented):

 

We are the tenants of above-mentioned property. We received your letter of xth November 2007 but there was no enclosure that you refer to, i.e the Notice of Commencement of Possession Proceedings.

Please can you tell us:-

• The date of the mortgage Mr xxx has on our home. We have lived in this property since xxh December 2003.
  
• Whether Mr xx obtained the consent of the lenders to let the property.

 

We have a child age 2 years who lives with us in our home and we are extremely distressed at the situation we find ourselves in, through no fault of ours. We cannot afford to seek legal advice.

Please tell us if we have a right to be heard at the hearing you have said is listed for xxth December 2007. We have not seen any court papers as yet. Are you supposed to serve these on us and on the Landlord, who obviously does not reside at the property.

You will note that we are sending a copy of this letter to the Court.

We look forward to hearing from you.

Yours faithfully

Is this OK to send ?