Our Landlord has been issues a Possession Claim

I think the sale of the property by the mortgage lender to cover arrears trumps that though, and leaves me with little more than 1 months notice from the time they get possession.
 
I have spent 4 days Googling and didnt find that info, thanks.

Looks like I have a maximum of 2 months if I the lender wants us out and we get a claim in fast.
 
edscdk said:
http://www.adviceguide.org.uk/index...ession_by_your_landlord_s_mortgage_lender.htm
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Even in that, I found the same as I had read. It's not good.

In most cases, if the mortgage lender has been granted a possession order, you will have no right to stay in your home.
You may however, have some rights if your tenancy is binding on the landlord's mortgage lender. Your tenancy may be binding if:
the landlord’s lender agreed to the tenancy

  • you were living in the property when your landlord’s mortgage was granted, or
  • the landlord's lender has recognised your tenancy in some way, for example, by asking you to pay them rent.
If your tenancy is not binding on the landlord's mortgage lender, you can apply to delay possession of your home by up to two months. This could give you more time to find a new place to live.
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Seems like a lot of hassle ****ing about witholding rent as well as trying to work out what's ACTUALLY going on.

Why not put your energy into finding somewhere else to live and let him and his house go to the wall.
 
Withhold rent isn't a hassle you just don't pay!!!Having lived in many many rental places (landlords love to screw you just as much) my mentality would be this.

He's *******, find yourself somewhere else to live, (now u have the problem of deposit)
Use the money you would have payed for rent as the deposit on the next place.

Probably get kicked out, he lives else where and cant be bothered to come back to the UK and get his money off you, if he can find you.

Win

:D
 
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Whenthey take posession, offer to buy it from them at a knockdown price, if they are reclaiming assets they moght accept an offer, at a loss, as they're looking any cash by that point.
Sort mortgage, turn rent into acqirement.
 
I could get a mortgage. We rent as we needed to find somewhere to live within a couple of months before starting new jobs.

But anyway, to dig this thread back up with the latest.

We phoned the Landlord on Thursday and she said they had gone into the bank and paid all the outstanding payments and everything was sorted. So we phone the solicitors, and they have heard nothing, can tell us nothing, but suggest we phone them the day after the hearing to see if we have 14 days before being kicked out.... Nice and helpful there :rolleyes:

So we phoned the landlord back and she said that it was a bank transfer, so it might take a while. Got an email from her last night saying that Northern Rock has received the payment, everything was sorted, no need to worry, wont happen again.

Clearly the solicitors wont likely have been told this if it was only confirmed yesterday evening by Northern Rock. How long would you expect a lender to take before 'calling off' the solicitors? Were going to call them Tuesday afternoon. Chances that they will still know nothing by then?
 
I find it hard to understand that its a misunderstanding on their end, it would take months of missing payments for the bank to start foreclosure.
 
Whatever the formal legal position, if the bank takes possession of the house, I doubt they would want to turn away a sitting tenant. They're inheriting a steady income on the property, without any of the administrative hassle of finding a tenant. Unless they have other immediate plans for the house, I would expect them to be happy for the tenancy to continue.
 
rafster said:
I find it hard to understand that its a misunderstanding on their end, it would take months of missing payments for the bank to start foreclosure.
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I expect there was months of missed payments. They moved out of the country around May time and don't yet have a perminent address. If they moved bank accounts around I doubt they setup a new one, or if they did, haven't setup their mortgage payments. I will see what the solicitors have heard by Tuesday.

And Duff-man, £700 a month isn't going to fill a £180,000 mortgage hole, the lender would take posession and put it up for sale as soon as possible.
 
All sorted. Landlord paid up the outstanding balance, Northern Rock called off the solicitors, court date has been cancelled.
 
:)
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