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jimm24

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About a year ago I rented my house out to a friend of a friend,signed an AST etc,and it was agreed that the rent would be paid directly into the mortgage firms bank account.

 

Today I finally got into the property to find an eviction notice for the end of the month.

 

Obviously the tenant has not been paying the rent,every time i rang them they saidit was fine the house was ok etc,as I was stayng away with friends I had no reason to disbelieve them. I never had anything from the mortgage firm forwarded to me,although I got all my other mail.

 

I went away and rented out my house as i was suffering emotionally from a failed business and bankruptcy which had an effect on my emotions.

 

I don't want to lose the house,but realitically won't be able to pay a lump sum off for at least a few months,as I'm due some money from work done that has been delayed.I start a new job a week on monday,and will be able to pay the mortgage plus a decent lump off the arrears each month.

 

Is there a way of getting the eviction put off?I got a n244 form from the court this afternoon,but have been unable to get in touch with the lender(kensington)directlly today,will be in touch tomorrow.

 

I don't know wha the arrears will be,but even if it was a whole years i could reallistically clear them in 18 months max.

 

Any advice on how to handle this would be appreciated,would hate to lose the house.

 

Thanks in advance

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Hi there, you need to gather together as much information as possible to send in with your application for a hearing to suspend the eviction.

 

While the judge will no doubt point out that it was your responsibility to ensure the mortgage payments were being made by the tenant, I think if you can show you have a new job to start (do you have a copy of your letter of appointment?) you should be able to get the eviction suspended.

 

I can help you with a statement for Q.10 of the N244 (the important part) but it will have to be tomorrow. You need to get a statement of the arrears from the lender so you know the exact position. If you do ring them to ask for the outstanding arrears make sure you ask them how many months payments are owing as they are likely to give you a figure which includes monthly arrears charges (probably £50 per month) they are not allowed to add these charges to the court claim.

 

What was the situation with this property and your bankruptcy?

 

Ell-enn


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Thanks so much,I'm self employed,but will be getting a signed works order from my clients in the next day or so.

 

I am also owed a few thousand from a client who says they will be paying in the next couple o months,all of which will go straight off the arrears.

 

The OR wasn't interested in the house as it is possibly in negative equity,definately now the state the tenants ahve left it,it's awful.

 

I'll be able to mail you at some stage tomorrow afternoon/early evening if thats ok?

 

Thanks so much for your help so far,I don't even know when the eviction note was posted(through a broken panel in the front door,which wasn't there until now????)

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Also meant to ask,can the mortgage firm themselves stop eviction?

 

I have previously paid off lump sums of arrears as and when I've said I would,wondered how that would stand with them?

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Hi there, thanks for your PM regarding this thread. I can help you with completing the N244 but it will have to be this evening as I have a lot of meetings at work this afternoon. You should then be able to take it to the court tomorrow and get a hearing within a few days.

 

I will look back in on this thread early evening to see what we can do.

 

Ell-enn


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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