Landlord stops paying mortgage, tenants evicted?
Discussion
Couple of friends of mine moved into a rented flat a couple of months ago, all was going well until they opened a letter last night informing them they were due to be evicted on 22nd October due to the landlord not paying his mortgage. It was dated 1st October, but due to it just being 'to the occupier' they presumed it was another advert/offer/spam so never really paid it much attention until now.
They now have just over a week to move out, and will effectively be homeless. Several of us will put them up for a few nights here & there whilst they find a new flat, but having a week to do this is causing some real worries. Even if they had opened the letter, having 2-3 weeks to find somewhere to go, pack up and move out is pretty difficult.
They never met the landlord, with everything being done through the estate agents. The estate agents are obviously closed, but in the meantime is there anything they can do? This has obviously been an issue for the landlord for a while as evictions & repos don't happen over night, but having signed their contract just over a month ago they have only just settled in & finished unpacking.
Can anyone offer any advice I could pass on to them? Is there anything they can do, or is it just a matter of put up & pack up?
They now have just over a week to move out, and will effectively be homeless. Several of us will put them up for a few nights here & there whilst they find a new flat, but having a week to do this is causing some real worries. Even if they had opened the letter, having 2-3 weeks to find somewhere to go, pack up and move out is pretty difficult.
They never met the landlord, with everything being done through the estate agents. The estate agents are obviously closed, but in the meantime is there anything they can do? This has obviously been an issue for the landlord for a while as evictions & repos don't happen over night, but having signed their contract just over a month ago they have only just settled in & finished unpacking.
Can anyone offer any advice I could pass on to them? Is there anything they can do, or is it just a matter of put up & pack up?
https://www.gov.uk/government/uploads/system/uploa...
EDIT: Magog posted the Shelter info just before me. It is useful stuff, and see also the guidance linked to here.
The tenants should be able to obtain at least two months to find new digs, but they must act fast.
EDIT: Magog posted the Shelter info just before me. It is useful stuff, and see also the guidance linked to here.
The tenants should be able to obtain at least two months to find new digs, but they must act fast.
Edited by anonymous-user on Sunday 12th October 15:55
It is the change to Shorthold Tenancies - and the removal of "sitting tenant" rights - that directly fuelled the UK's property bubble. BTL property became the best asset going, as rights of repossession were less arduous than for owner-occupiers even.
The guide linked-to is good and, sadly, articulates all the protections that exist.
The guide linked-to is good and, sadly, articulates all the protections that exist.
Andehh said:
They never met the landlord, with everything being done through the estate agents.
Read the Shelter link.Any half-way competent EA will have made sure the landlord had permission to rent from his lender, so the tenancy should be binding on the lender. But that's one thing the tenants definitely need to check first thing tomorrow with the EA. Then they get on to the lender, and make them fully aware of the situation.
Andehh said:
Couple of friends of mine moved into a rented flat a couple of months ago, all was going well until they opened a letter last night informing them they were due to be evicted on 22nd October due to the landlord not paying his mortgage. It was dated 1st October, but due to it just being 'to the occupier' they presumed it was another advert/offer/spam so never really paid it much attention until now.
This has obviously been an issue for the landlord for a while as evictions & repos don't happen over night, but having signed their contract just over a month ago they have only just settled in & finished unpacking.
3 weeks notice must mean that the possession hearing took place before the couple signed the tenancy agreement and moved in, otherwise they should have been notified of it. They would have had a right to attend and be heard.This has obviously been an issue for the landlord for a while as evictions & repos don't happen over night, but having signed their contract just over a month ago they have only just settled in & finished unpacking.
Contact the lender immediately to request postponement. If this is agreed get it in writing. The lender would be daft not to do so because it would inevitably be followed up by a N244 application to the court. The tenants should get the form completed and ready to send anyway because they have lost valuable time by not opening the letter sooner. If the lender does refuse they must get the application in pdq.
I smell fish here. Given the very short time the tenants have been in the property, I wonder if the landlord has tried to pull a fast one. He must have known that the lender had sought a possession order, so knowingly letting the property without telling the EA about the proceedings is highly irregular.
rash_decision said:
I'm very, very surprised that a letter of such importance has been addressed to "the occupier"??
Surely something of this magnitude has to be addressed to "someone", rather than anyone?
Doesn't sound right to me!
The protocol is to do just this in case that the occupier is not the borrower.Surely something of this magnitude has to be addressed to "someone", rather than anyone?
Doesn't sound right to me!
i can't help, but i have seen it happen before, the couple who lived opposite my first house, had the 1st floor flat, they'd rented from a mate, and the young guy worked stupid hours to make the rent and provide for a pregnant girlfriend.
saw them packing one morning and asked where they were off to, to be told they didn't know as the mate had not paid the mortgage and pocketed all the money over the last 9 months or so (baby was 3 months old).
i did ask if they wanted to kip on our floor for a few nights, but they were going to stay with her nan.
even worse was that the young lad worked with this so called mate, and was in trouble for hitting the guy whilst at work.
hope they made a go of it.
saw them packing one morning and asked where they were off to, to be told they didn't know as the mate had not paid the mortgage and pocketed all the money over the last 9 months or so (baby was 3 months old).
i did ask if they wanted to kip on our floor for a few nights, but they were going to stay with her nan.
even worse was that the young lad worked with this so called mate, and was in trouble for hitting the guy whilst at work.
hope they made a go of it.
I had this exact thing myself before.
Found a lovely apartment in Cardiff through a proper (large) letting agency, paid a fortune in deposits and fee's etc. About 2 months after being there we opened a letter addressed to "the occupier" and just by chance opened it.
House going through re-possession, landlord not paying the mortgage and the mortgage company didn’t know he was renting.
We could have stayed and battled to stay, but the tirade of letters and bailiffs knocking on the door was annoying us, and couldn’t be bothered with all of the hassle.
So we just upped and left one day, moved into a new flat and contacted the Deposit company and got the whole deposit back.
Found a lovely apartment in Cardiff through a proper (large) letting agency, paid a fortune in deposits and fee's etc. About 2 months after being there we opened a letter addressed to "the occupier" and just by chance opened it.
House going through re-possession, landlord not paying the mortgage and the mortgage company didn’t know he was renting.
We could have stayed and battled to stay, but the tirade of letters and bailiffs knocking on the door was annoying us, and couldn’t be bothered with all of the hassle.
So we just upped and left one day, moved into a new flat and contacted the Deposit company and got the whole deposit back.
The Mortgage Repossession Act 2010 in the case where the landlord has received proper consent from the lender to let the property, then the Court can protect the tenant to see out the full term of the tenancy.
Where the landlord has not received the consent to let from the lender, then the Court can upon an application from the tenant, suspend repossession for a period of up to two months, this the Court can only apply prior to the bailiff actually executing the order for possession.
A tenant must apply to the Courts for a suspension of the repossession order, with proof of their tenancy agreement, their request to the lender to suspend repossession, and any refusal from the lender to the same.
Where the landlord has not received the consent to let from the lender, then the Court can upon an application from the tenant, suspend repossession for a period of up to two months, this the Court can only apply prior to the bailiff actually executing the order for possession.
A tenant must apply to the Courts for a suspension of the repossession order, with proof of their tenancy agreement, their request to the lender to suspend repossession, and any refusal from the lender to the same.
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