Order of Repossession Recieved

[ke2dge]

I've lived in a privately rented property since 2006 but my landlord pays the mortgage sporadically. No payments made since Nov '11. He made a payment end of Feb '12,but the arrears are still around £1200.

 

He was summoned to court 1st March..but failed to show up. The court therefore granted possession to the lender. I have received the possession order,requesting the landlord hand over the property on 29th March.

 

Local council have advised that even if lender doesn't want to continue my tenancy,they'll have to give me 2 months notice to vacate. Council will rehouse me should this happen. So i'm not overly worried as I know I won't be homeless.

 

Just wondering what happens now that the court has given the property back to the lender...can my landlord request it back or has it now gone too far? This is approx 3rd time he's been taken to court by the lender...he has broken the terms of the original repayment plan initially set up by the court in 2008.

 

Things usually get resolved (i.e Landlord makes a payment as he did this Feb).. only this time its gone further and the order of repossession has been granted.

[Lea_HTH]

Whoever advised you at the council is wrong. The lender does not have to give you two months notice - they have the possession order on the property, which means that if they request a warrant of execution and you are sent a notice of eviction it pertains to ALL occupiers at the property, not just the owner.

 

You need to write to the mortgagee and cite the Mortgage Repossessions (Protection of Tenants) Act 2010, and request that you be allowed to stay in the property for a further two months. You will then need to pay the rent over to the mortgagee. If they refuse, you can make a stay application on form N244 to the court when the notice of eviction comes through - and provide the court with a copy of the letter you sent to the mortgagee and a copy of their refusal. It is likely the court will provide you with a further period to move out. However, since the council will rehouse you there appears to be no valid reason to make these requests as the council can rehouse you once the eviction takes place.

 

As for what the landlord can do - 1200 is a very very small amount of mortgage arrears, and as such if the landlord makes a stay application and an offer to pay the arrears off over the remaining period of the loan term, then it is likely the judge will stay the eviction. But it is up to the LL to take action if he wants to save the property.

[ke2dge]

Surely the Landlord should've turned up in the first place to declare he can pay off the £1200 arrears? The judge made the order without him present. How long then will I have in the property should the landlord re-apply in order for the judge to stay the eviction?

 

In 2 weeks the lender should be taking the property back!

[Lea_HTH]

He should have, he did not. It's not fatal to him making a last minute application - he can do that right up to the moment eviction takes place (and in some cases thereafter too).

 

How long you have depends on what the LL intends to do - so ask him.

[Rocco17]

Hi there

 

You definitely need to speak to the landlord ASAP to see what he intends to do. What is it that you have received so far and from whom?

 

Has the judge just awarded a possession order or have you had an eviction notice already?

 

If your lender has already been to court a few times and has had a repayment plan put in place then I am surprised there was not already a suspended possession order on the property.

[ke2dge]

Hi there was a suspended order for repossession made in may 2008. I have received an order from the court that the property must be given to the lender on 29th March.I have a;so had a letter from the lenders solicitor advising the same.

 

I phoned this solicitor and they said the order will stay in place until the landlord pays £125k back to the lender by 29th, if not they will then possess the property. Next she said they apply for en eviction warrant,then eventually bailiffs.

 

She said I'll be informed by letter of everything happening and that if it all still goes ahead, I'll prob still be in the property until May time.

[ke2dge]

The landlord will not respond to any contact...even from the lenders who can't get hold of him either. His recent bank statement appeared saying he'd paid £550 on feb 20th..then missed the next mortgage payment due 1st March of £354! Bit pointless even coughing up that £550 if u ask me!!

 

He tends to pay say £600 here and there,prob 3 times a year,then nothing for months and months. His arrears at one point were allowed to rise to £6k! Now I think the lender has had enough and are cracking down on him,even though the arrears are now only £1200.

[Lea_HTH]

The landlord will not respond to any contact...even from the lenders who can't get hold of him either. His recent bank statement appeared saying he'd paid £550 on feb 20th..then missed the next mortgage payment due 1st March of £354! Bit pointless even coughing up that £550 if u ask me!!

 

Who gave you access to the LL's bank statements?

 

He tends to pay say £600 here and there,prob 3 times a year,then nothing for months and months. His arrears at one point were allowed to rise to £6k! Now I think the lender has had enough and are cracking down on him,even though the arrears are now only £1200.

 

My previous answer to this stands.

 

From your post #6, it would appear the Possession Order is dated 29th March - in which case, as you have been told, the mortgagee will need to apply for a warrant of execution before you get the Notice of Eviction. If they are prepared to keep you informed about what they are doing, then that is good news for you, as nothing will be a surprise.

 

Do you owe the LL rent? Are you still paying it over to him, or have you made an arrangement to pay it direct to the mortgagee? Don't forget that your agreement is with your LL and not the mortgagee, so if you fail to pay the LL (and don't pay the mortgagee instead), the LL will still be in a position to pursue you for any outstanding rent.

[ke2dge]

All his stuff comes here as well as to wherever he lives. I owe him nothing..my rent is paid up until April 12th. It goes to a letting agent who then forward it on. they are not aware of the recent events to do with the property.

[Lea_HTH]

All his stuff comes here as well as to wherever he lives.

 

You're not entitled to open anyone else's post, irrespective of the situation you find yourself in. It is a criminal offence to interfere with the Royal Mail. Anything that arrives addressed to your LL, which will definitely include his bank statements if they are coming to the address, should be put to one side for his collection, or returned to sender, unopened/marked as 'not known at this address'. This is purely for your information as you may have been unaware that interfering with someone else's post is a crime.

 

 

I owe him nothing..my rent is paid up until April 12th. It goes to a letting agent who then forward it on. they are not aware of the recent events to do with the property.

 

Good. Just continue to pay it whilst you are in the property - though I would strongly suggest you divide the rent by the days in the month and pay it pro-rata for the days you remain, rather than pay a month in advance as you clearly do now. This is to protect you from having to make a claim against him to have unused rent returned.