Urgent advice needed Please help!!!!

[seanamarts]

I will try and keep this quick.

I just recieved a phone call from a friend to say that two bailiffs went round to his place of residence and litterally thew him out of the property and on the streets rendering him homeless. they then proceeded to change the locks and boarded up the property.

He later found out that his landlord had had the property reposessed via the courts and the landlord had failed to tell him that this was happening. My friend cannot get back into the property to get his belongings, not even a change of clothing, he has managed to get into an urgent shelter that has been provided by the local council which is something but has only the clothes on his back that he was wearing when the bailiffs turfed him out. Does any one know the proceedure of getting his property back. This happened two days ago and needs his belongings. The morgage company dont want to know and have said it is in the hands of the bailiffs now. Have to say that he assaulyted one of them as he didnt know who or what they were at the time. any suggestions would be gratefully apriciated.

[citizenB]

have alerted the site team for you.

[seanamarts]

sorry about the spellings but had to write this quick

[seanamarts]

have alerted the site team for you.

many thanks

[citizenB]

Some initial advice is to contact the police. Presumably the bailiffs are not allowed to hostage your friends property ie clothes, etc.

 

I wonder if it might be an idea to phone one of the Debt Counselling agencies, either Natinal Debtline, or CAB. They might be able to offer some advice.

[seanamarts]

Some initial advice is to contact the police. Presumably the bailiffs are not allowed to hostage your friends property ie clothes, etc.

 

I wonder if it might be an idea to phone one of the Debt Counselling agencies, either Natinal Debtline, or CAB. They might be able to offer some advice.

As always the police do not want to know, its classed as a 'cival' matter. I have packed him off to the CAB now and hopefully they may be able to advise him of his rights to his own property.

I cannot see how they can do this, surely this is ilegal in some form, he is in fact a sitting tennant.

[seanamarts]

Right I have been doing a little bit of digging about for info. Bailiffs can remove tennants from a property and give as little as 20 mins notice, so wrong how can the law allow this..... But the bailiffs have to give the tennant a time and date where he/she can come back and remove their personal belongings and if I am reading this correctly the time period is within a week.

These particular bailiffs didnt do this. I cant understand how the law can do this to people. he has paid his rent on time paid bills, been a good tenant and a law abiding citizen and out of the blue two big burly men come and wrench you out of your home leaving you with just the clothes you stand in without warning, and they wonder why the man was upset and angry. Their should be a law to protect tennants like this, why isnt there?????? this man has been left with nothing but a possible record for assault.. just goes to show yet again the bailiff are born with no heart.

[T2upNorth]

This from a housing repossessions site (I'm afraid I can't verify the legal position of the content):

 

***

 

Sadly it is not uncommon for tenants to find that, although they have been paying the rent, the landlord has not been using the money to pay the mortgage…

 

Buy-to-Let Mortgages

 

Borrowers intending to rent out a property should obtain a buy-to-let mortgage. These often have slightly different conditions to ordinary mortgages. Some buy-to-let mortgages require the landlord to obtain written authority from the lender for each tenant. If a landlord falls into arrears on their mortgage the lender can start repossession proceedings in the usual way. There is almost no requirement that tenants be given notice that the lender intends to repossess. Indeed the Data Protection Act means that the lender is prevented from discussing the mortgage with tenants.

The only warning that a tenant is bound to receive will be the “Notice to Occupier”. This is a letter that lenders must send to the property at least two weeks before a possession hearing. It will be addressed to “The Occupier” and give the names of the parties involved – i.e. the lender and the landlord –and the date, time and location of the possession hearing. It may also contain the landlord’s address. Unfortunately, this letter is not always opened as people often think that something addressed to “The Occupier” is just junk mail.

 

Repossession Hearings

 

The lender’s representative will probably refuse to discuss the mortgage with any tenants who come to court. Technically, as tenants are neither party to the mortgage nor the case, they are not allowed into the hearing. However, many judges will allow tenants to attend as they tend to be very sympathetic to people in this situation. Despite this, there is little a tenant can say to influence the outcome. The judge’s order is likely to depend solely on the landlord’s circumstances and whether any proposals are made by him to clear the arrears.

After Repossession

 

If a tenanted property is repossessed, and either the lender has given authority for a tenant or no specific authority was needed, the lender should appoint a receiver who will then collect rent from the tenants. However, this does not necessarily mean that the tenants will be allowed to stay in the property indefinitely. The lender is entitled to evict the tenant after giving as little as two months’ notice. The lender can then start proceedings to obtain a possession order, which is likely to give the tenants only 14 days to leave the property.

 

Mortgages which are not Buy-to-Let

 

If a landlord has an ordinary mortgage, any tenants in the property will be unauthorised unless the lender subsequently consents to the property being let. These tenants will have even less protection from repossession. If the property is repossessed the lender will not need a possession order to evict the tenants as they are not lawfully in the property. If the tenants refuse to leave, the lender may be able to evict them as trespassers, which can be done through the court in a matter of days. Any unauthorised tenant who learns that a possession order has been made should immediately start looking for alternative accommodation. Tenants often ask why the lender will not accept payments from them directly. If a lender accepts rent payments from an unauthorised tenant, they may be deemed to have recognised the legitimacy of the tenancy. The lender may then be legally obliged to allow the tenant to stay, making it more difficult for them to sell the property to cover the mortgage debt.

 

Tenants Wishing to Buy the Property

 

Lenders cannot discuss the mortgage with the tenants, nor can they enter into an agreement to sell the property to them. Lenders have a duty to get the best price they can for the property and to do this it will have to be openly marketed. A tenant could buy the property at that stage but, by then, they will probably already have been evicted.

Tenancy Agreements Pre-dating the Mortgage

 

If a tenant was in the property before the mortgage was taken out, it is possible that their right to stay will supersede the right of the lender to repossess it. This is a complicated area of law and will probably depend on a number of factors. Tenants who find themselves in this situation should immediately take independent advice from one of the free advisory bodies specialising in housing matters.

[seanamarts]

Thank you so much for that info T2upNorth.

Unfortunately for my friend he was letting this property from some one who did not Buy to rent and failed to inform her morgage provider, so he was not informed that the house was being reposessed. What sadens me is that he has lived in this property for 4 or more years. This was his home and it was taken from him in a matters of minutes, he isnt a young chap where he can start over easily, he is getting on in years and is claiming benefits so its hard for him to get the monies to get together a deposit for a home either by renting or buying. He has gone from a 2 bed home to just a dingy room with nothing but the clothes he stands up in. And the morgage company dosnt give a damn, shame on them, shame on the courts the landlord the poilce and the bailiffs. All he is guilty of is not asking if the landlord had permission to rent out the property. I have rented properties for most of my adult life and not once have I ever asked that question to a landlord. he just wants his belongings back so he can find a home. I am concerned now though for his state of mental health and what this has done to him.

[citizenB]

This is without question a terrible situation for your friend to find himself in. Hopefully, CAB will be able to help out.

 

Shelter might also be another agency to contact. Please keep us updated on this.