Urgent Advice Needed

rorydelargy

rorydelargy

At the Start
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May 15, 2005
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A few weeks ago, it came to my attention that my Landlord was being sued by his bank over non payment of his mortgage. I've tried to contact him and forwarded notice of eviction papers to his new address but got no reply. I received a letter this morning telling me that myself and my flatmate are to be evicted next Tuesday. Is there anything I can do in the meantime to postpone this apocalyptic event?
 
Contact your local Citizens Advice Bureau as soon as you can. They usually have very good people in each branch to deal with cases like this. They will even contact people on your behalf if relationships are strained i.e. with your landlord. I think I am right in saying you can't be evicted for 2 months anyway (suatters rights!). Adross will know alot more about this though I am sure.

I have used several branches on many occasions and all have given excellent and free advice.

They also have a good website with alot of useful information.
 
Thanks folks ~ much appreciated. I'm not sure if it's relevant, but pretty sure the Agent was negligent as the legal proceedings had been started against the Landlord before we moved in, so they can't have checked him out thoroughly. They certainly did us!
 
Rory jinny is right I was in a similar position, several years ago, so I hope the law hasn't changed too much. I was given a week to leave a rented premises that I had lived in for 7 years. I checked it out legally and I had eight weeks to leave. Hope it helps.
 
Tenants of mortgagors (owner) are in a poor position UNLESS the tenancy predates the mortgage or the mortgagee gave consent in which case the mortgagee ( bank etc ) is stuck with you as in effect their tenant as your legal estate in land binds it or it is an overriding interest in registered land .

Most mortgage deeds prohibit the granting of tenancies by mortgagors without permission. If it is granted in breach of the deed , which sounds almost certain , it does not prevent the landlord being liable to you for breach of contract or trespass. The landlord will be in breach of the covenant of quiet enjoyment and can be sued as a person claiming under him , the mortgagee is evicting you .

The occupier is entitled to be given notice under the Civil Procedure Rules of eviction but not much . The difficulty in suing your landlord is that he might not be worth the candle but if there is significant equity in the property it might be possible to ask to be joined to the proceedings to make a claim against the landlord and if judgment in default is ordered obtain a charging order .

The likelihood is that this will be quite difficult at very short notice but damages for unlawful eviction are not to be sniffed at and generally are in the thousands not the hundreds. They will include for example all your expenses in getting rehoused at short notice .

I suggest you take advice from Shelter who should be able to put you in touch with specialist housing solicitors .

One thing to check however is did the mortgageee comply with Civil Procedure Rules 55.10 which requires that at least 14 days before the possession hearing the claimant must send a notice to the property addressed to the " occupiers" stating that a possesison claim has started the name and address of the parties and the court where the proceedings are to be heard and give details of the hearing .

This is the tenant's chance to find out what is happening . By the sounds of it you may have sent that to the landlord .

The problem is that vis a vis the mortgagee you are a trespasser and thus the court can't suspend the eviction date unless you have a defence ( e.g the tenancy did predate the mortgage ) . It might be possible to get them to agree to give you a bit more time but unlikely .

If you are on a lowish income you may be entitled to public funding ( Legal Aid's new name ) if not a Law Centre may be willing to assist you anyway .

There is no right not to be evicted for 2 months in this case . That refers to a landlord's obligation to give an assured shorthold tenant 2 months notice before being able to start possession proceedings .

Good luck .
 
Rory, Ardross again will know more about the legality or possibility of this, but if you and your flatmate want to stay in the property for the foreseeable future, I'm wondering whether the mortgage holders might consider you taking over the mortgage? (Provided the cost isn't exorbitant, of course.) In that way, neither of you need to move.
 
From what I've read, Ardross has hit the nail on the head. I'm thinking of getting in touch with Eversheds (the firm representing the mortgagee) to see if we can come to an arrangement to pay for the use of the property (not the same as renting) while we seek somewhere new. Apparently this is possible on occasion, but not always.

The other option is looking at the possibility of being joined to proceedings against the landlord. I'll keep you updated.
 
I should hope I have - I specialise in housing law so if I can't get that right ......

Might be worth a try Rory to agree to occupy on what is called the basis of use and occupation only with express agreement that there is no intention to create a new tenancy . They might go for that but I would not hold your breath.
 
Just to keep everyone updated, I went to court today to try to postpone the eviction order, but to no avail (the Judge was perfectly nice though), so will be evicted tomorrow morning. What makes it worse is that I've never felt as ill as I do at the moment (I've had a raging headache for the last couple of days and can barely keep myself moving). If I had a bed, I'd be staying in it for the next couple of days! Thanks again for the concern shown ~ it's been appreciated.
 
I can't say i am surprised I am afraid . Were you able to find out whether there was any equity in the property ?
 
Not for sure Ardross, but at least three other creditors have rolled up in the meantime, so I'm not hopeful of seeing justice from the landlord ~ it looks like he's used the property as collateral on various occasions. I'm not sure where I'd come in the pecking order.
 
Rory, sounds like you are having a crap time of it. Were the Citizens Advice able to assist in any way?

I have had numerous problems with landlords over the years, but never the serious situation you are in. Suffice to say I will never rent from a "private" landlord again.

I hope things soon sort themselves out for you. :(
 
All too often the CABx are out of their depth in housing law . One of my constant bugbears is their failure to refer people on to specialist housing solicitors, Shelter Legal or Law Centres until they have buggered the case up .
 
Rory, what terrible news. It's hard to believe this kind of thing can happen.

Ardross, how can tenants of private landlords protect themselves?
 
Hi all,

done and dusted now ~ have moved lock stock and barrel to house owned by one of my comany's directors around the corner from work, where I can sort things out and look for somewhere permanent. Strangely enough, I now feel much better physically (as well as the rapid dissipation of the mental anguish) ~ strange that! I never realised just how stressed I was becoming.

Regarding whet private tenants can do ~ I shall make sure that I either see a copy of the landlord's mortgage agreement, or get a written undertaking from a letting agent that any tenancy agreement is valid (ie the mortgagee allows the letting of the property in the terms of the mortgage).

No prizes for guessing that my defaulting landlord is a lawyer by profession!
 
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