probable repossession

[BBoo]

Re: probable reposession

It's good you know where you stand and that you're not about to be forced out onto the street.

I think the 30 day notice period is for the court hearing that is coming up. I believe it is then normally around two months before any eviction takes place, and any eviction is going to be complicated by the fact that you are living there instead of him, and so this would, I imagine, further delay things.

All of this assumes of course that repossession is going to take place and there's not going to be some agreement reached between mortgage company and landlord. Have you any idea if your rent covers the mortgage repayments?

[confused76]

Re: probable reposession

I haven't any advice for you Confused but I'm keeping my fingers crossed that it all turns out alright for you x

thanks Pixie i did get upset over this as we've moved so many times in the last few years and finally we were feeling safe and comfy!

The fact that your Landlord didn't get permission from his lender to rent it out should have no impact on your legal right to occupy the property. That's your Landlord's problem not yours It may give Northern Rock extra grounds for repossession over and above the arears though. Two breaches of his mortgage contract are worse than one. But remember Northern Rock is owned by the tax payer and has to be squeaky clean over the way it treats people (including tenants).

When your tenancy agreement expires in April the Landlord doesn't necessarily have automatic right to take possession. You still have to be served with a section 21 Notice giving you two months notice to quit (if you pay your rent monthly or less time if you pay weekly) because you will probably become a Periodic Tenant. Even then if you don't go voluntarily the Landlord has to take you to court for possession of the property followed by bailiffs appointment (sent to you in advance so you can pack up and go), and that can take up to another 3 months. UNLESS the Landlord has already incorporated the s.21 Notice in your tenancy agreement. Letting agents often do this. So get out your AST and take it to a pro to analyse.

Tenants have more rights than people realize, but don't let the lender pull the wool over your eyes and tell you it's not true

thanks PlanB. It does sound like we might have longer here than we first thought (hopefully!)

It's good you know where you stand and that you're not about to be forced out onto the street.

I think the 30 day notice period is for the court hearing that is coming up. I believe it is then normally around two months before any eviction takes place, and any eviction is going to be complicated by the fact that you are living there instead of him, and so this would, I imagine, further delay things.

All of this assumes of course that repossession is going to take place and there's not going to be some agreement reached between mortgage company and landlord. Have you any idea if your rent covers the mortgage repayments?

no, the rent doesn't cover the mortgage repayments, so (according to the LL) they've just been paying the rent towards the mortgage

[PlanB]

Re: probable reposession

no, the rent doesn't cover the mortgage repayments, so (according to the LL) they've just been paying the rent towards the mortgage

Or banking the rent and then not paying the mortgage perhaps

[billypre]

Re: probable reposession

Yeh i wouldn't believe much if anything about what the LL tells you and would start looking after yourself. You don't owe the LL any favours as he obviously isn't looking to do you any.

[MrsD]

Re: probable reposession

Know nothing about this Confused but instinct tells me that you should be looking after you and Mr C first and foremost, LL seems to have let this all get to a serious situation, so he needs to take advice as well and he needs to come clean about you and Mr C or he's not going to help himself.

Take care of you first, please.

[LooLoo]

Re: probable reposession

Hi hun.....

OK this is just some info i have picked up recently - again all should be checked with someone like Shelter etc...

but I know we recently sold two houses for the OR one empty and one with tennants - the one with tennants cannot complete until the tennants agreement is at an end and they were given the appropriate notice by the receivers - however the tennants were kept informed by the OR of what was going on as these were purchased as investment properties.

Mr Loo said he has seen cases before where tennants were in the dark.

As you know have the knowledge about what is going on I agree with what others have said you must inform NRAM that you are there and hopefully they will at least honour the latter part of your tennacy - sorry the LL is being very underhanded and that is not your problem.

It may also be an idea to chat to the housing department at your local autority too - as at the end of the day you are good tennants so maybe they will be able to give you some advice of what to do next.

it is so horrible and i know you really dont want to move............

let us know how it goes hun

xx

[confused76]

Re: probable reposession

Or banking the rent and then not paying the mortgage perhaps

this could well be true...

Yeh i wouldn't believe much if anything about what the LL tells you and would start looking after yourself. You don't owe the LL any favours as he obviously isn't looking to do you any.

I think i'd been trying to keep the tenant/LL relationship going smoothly as i've been burnt in the past. However, it dawned on me yesterday that he's doing nothing to protect us, and is in fact making us homeless, so i know what i need to do

Know nothing about this Confused but instinct tells me that you should be looking after you and Mr C first and foremost, LL seems to have let this all get to a serious situation, so he needs to take advice as well and he needs to come clean about you and Mr C or he's not going to help himself.

Take care of you first, please.

the LL hasn't even been to pick up his post since we got these letters from NRAM, there's all kinds of serious looking letters that they haven't been to collect despite me letting them know

Hi hun.....

OK this is just some info i have picked up recently - again all should be checked with someone like Shelter etc...

but I know we recently sold two houses for the OR one empty and one with tennants - the one with tennants cannot complete until the tennants agreement is at an end and they were given the appropriate notice by the receivers - however the tennants were kept informed by the OR of what was going on as these were purchased as investment properties.

Mr Loo said he has seen cases before where tennants were in the dark.

As you know have the knowledge about what is going on I agree with what others have said you must inform NRAM that you are there and hopefully they will at least honour the latter part of your tennacy - sorry the LL is being very underhanded and that is not your problem.

It may also be an idea to chat to the housing department at your local autority too - as at the end of the day you are good tennants so maybe they will be able to give you some advice of what to do next.

it is so horrible and i know you really dont want to move............

let us know how it goes hun

xx

thanks for this Loo....you're right, we don't want to love again having been burnt in the past we're so cautious about where we end up. I've resigned myself to the fact that we are moving now though...
xx

[confused76]

Re: probable reposession

ok, Shelter told us to fill out form N244, i've just downloaded it and i'm having a read. It talks about court fees, would fees be applicable in this case? We're not the claimant or defendant. I think i will need to ring Shelter again!

[BBoo]

Re: probable reposession

I question Shelter on this. N244 is a form that could be used, but should rightly be filled in by your landlord rather than you if being used to stop repossession.

You can use it to stop eviction taking place (or delay it).

Have a read here:

Stop Repossessions | County Court Form N244 | Repossesion | Repoesessions

and here:

http://www.n244.co.uk/?page_id=5

It can also be used in a wide variety of other contexts to vary a court order.

[confused76]

Re: probable reposession

right...hmmm. see, i'm not trying to stop the repo, i just want the court to know that there are tenants? the form doesn't seem to fit the purpose

[PlanB]

Re: probable reposession

right...hmmm. see, i'm not trying to stop the repo, i just want the court to know that there are tenants? the form doesn't seem to fit the purpose

I think you said that Shelter advised you to use that form to get yourself joined in the proceedings (I think it'as called a Part 20 Defendant). It's possible that the form may be used to request an Adjournment of the possession proceedings to allow for you to get legal advice etc if you become party to these proceedings.

You really do need a solicitor to advise you on all this. If you are on a low/no income you may well be entitled to Legal Aid if you are under threat of homelessness. Check out a lawyer locally. Most will give you the first half-hour free

If there is post in your property I would open it 'in error'. Easily done when one isn't wearing one's glassess . . . That will give you the court date and claim reference etc. I urge you to take this to a solicitor because you do have a chance of remaining in the property or at least leaving on your terms.

There are two kinds of mortages to buy property. The Buy-to-Let ones are not regulated by the FSA and the lender can simply take the property into receivership. If the maths work for the lender they tend to keep the tenant until the market is good again. There is no court hearing and no repossession in these cases. Something to do with the Land and Property Act 1925.

The seond kind is the residential mortgage which is regulated by the FSA and the lender is compelled to repossess in the conventional way. There is Pre-Action Protocol for this which is designed to make repossession "the last resort". It's really not for me to say how that could work in your favour. The Pre-Action Protocol also makes the lender send a letter addressed to "The Occupier" probably to prevent husbands/wives from keeping secrets. All I can add is that lenders are quite used to that letter opening up a can of worms which prompts a re-think.

I really wish you good luck, but please please please go to a free solicitor. I'm not insured to give you legal advice but I hope I've given you some pointers

[LooLoo]

Re: probable reposession

Confuzzed let me check my emails - as when my friends were having trouble with the tennants from Hell - i got some solicitors details - who specialised in housing law. Would you qualify for legal aid???

[pompeyfaith]

Re: probable reposession

This County Court Leaflet will tell you if you have to pay fees or if you are entitled to fee remission.

http://hmctscourtfinder.justice.gov....ex160a_eng.pdf

[confused76]

Re: probable reposession

I think you said that Shelter advised you to use that form to get yourself joined in the proceedings (I think it'as called a Part 20 Defendant). It's possible that the form may be used to request an Adjournment of the possession proceedings to allow for you to get legal advice etc if you become party to these proceedings.

You really do need a solicitor to advise you on all this. If you are on a low/no income you may well be entitled to Legal Aid if you are under threat of homelessness. Check out a lawyer locally. Most will give you the first half-hour free

If there is post in your property I would open it 'in error'. Easily done when one isn't wearing one's glassess . . . That will give you the court date and claim reference etc. I urge you to take this to a solicitor because you do have a chance of remaining in the property or at least leaving on your terms.

There are two kinds of mortages to buy property. The Buy-to-Let ones are not regulated by the FSA and the lender can simply take the property into receivership. If the maths work for the lender they tend to keep the tenant until the market is good again. There is no court hearing and no repossession in these cases. Something to do with the Land and Property Act 1925.

The seond kind is the residential mortgage which is regulated by the FSA and the lender is compelled to repossess in the conventual way. There is Pre-Action Protocol for this which is designed to make repossession "the last resort". It's really not for me to say how that could work in your favour. The Pre-Action Protocol also makes the lender send a letter addressed to "The Occupier" probably to prevent husbands/wives from keeping secrets. All I can add is that lenders are quite used to that letter opening up a can of worms which prompts a re-think.

I really wish you good luck, but please please please go to a free solicitor. I'm not insured to give you legal advice but I hope I've given you some pointers

thanks very much for this....i'll start looking down the legal aid route. i'm not sure if i qualify...i don't work but Mr C does, i'll see. i don't trust anything the LL tells me now plus i'm confused by Shelter's advice.

Confuzzed let me check my emails - as when my friends were having trouble with the tennants from Hell - i got some solicitors details - who specialised in housing law. Would you qualify for legal aid???

i'm not sure Loo...i'll find out thank you x

This County Court Leaflet will tell you if you have to pay fees or if you are entitled to fee remission.

http://hmctscourtfinder.justice.gov....ex160a_eng.pdf

thanks PF xx

[PlanB]

Re: probable reposession

If it was me I would also give the lender your Landlord's correct address with proof - it should be on your tenancy agreement. Northern Rock (and the court) will then have to consider whether the court summons for possession papers have been served properly on him if he hasn't received them The lender will argue that they served them at his last "known address". But they "know" a new one for him now don't they