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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My partner and I have been tenants in a house in Northwood,

Customer Question

My partner and I have been tenants in a house in Northwood, Middlesex for approximately a year. The mortgagee, Jamie Lee, who is a friend of our son's, is in prison for a cannabis offence. Originally, he said that he didn't require any rent from us as long as we made improvements to the property but we offered to pay the monthly mortgage to his mother as he has severe Bipolar and has been living on benefits; his medication prevents him from working. Mrs Lee was paying the mortgage each month to a company called Advantage who sold the mortgage on to Albion Residental. Engage Credit is managing the mortgage on behalf of Albion Residential. The mortgage repayments have subsequently been returned to Mrs Lee since December. The money is sitting in an account but Engage Credit refuse to accept it from Mrs Lee even though she has a third party authority. They will not supply her with an e-mail address and she said that she is unable to telephone them on a premium number from Florida. Albion's solicitors, Optima, have also refused to speak to her. We received an eviction order on 28.3.14 notifying that the bailiff would be attending on 29.4.14. My partner, who is retired, has since been in hosptial with a suspected heart attack and I have a very pressurised job and so, we have not had sufficient time to find alternative accomodation. If, Mrs Lee transfers the 'arrears' is the bailiff obliged to accept it or, alternatively, the cash from us? We were told that even if we have the funds, the representative for Engage Credit, who will accompany the bailiff can accept the cash and still evict us, is this the case?
Is it possible for either Mr & Mrs Lee or ourselves to become a guarantor or is there anything else they or we can do? We are waiting to hear back regarding our Application Notice N244 form that we delivered to the court last Thursday.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : I am sorry to hear about this, what is it I can help you with?
JACUSTOMER-mjc8ingm- :

Hello Alex, In response to your question, "what can I help you with?", please see my original query, asked at 10.32 this morning.

JACUSTOMER-mjc8ingm- :

Hi

Alex Watts :

Sorry yes. I assume the possession order is only on the basis of the arrears?

JACUSTOMER-mjc8ingm- :

Yes, that's what we believe. We can't understand why they won't accept payment.

JACUSTOMER-mjc8ingm- :

Yes, that's what we believe.

Alex Watts :

Yes. You need to apply to the Court to suspend the warrant of eviction as you are using form N255

Alex Watts :

N244

Alex Watts :

However it should be the Landlord that is doing this.

Alex Watts :

But to answer your question if all the costs and arrears have been paid then the possession order can be suspended.

Alex Watts :

But really it needs to be the Landlord.

Alex Watts :

As tenants if a possession order is given then you can apply to the Court (if the Judge refuses to suspend) to stop the eviction for 2 months.

Alex Watts :

But as I say, it really should be the Landlord making the application

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If, Mrs Lee transfers the 'arrears' is the bailiff obliged to accept it or, alternatively, the cash from us? - Yes the bailiff is required to accept payment for the debt

Alex Watts :

We were told that even if we have the funds, the representative for Engage Credit, who will accompany the bailiff can accept the cash and still evict us, is this the case? - once full payment of arrears and costs is made then you can't be evicted unless there is Judgment for the full outstanding mortgage, then in which case you could still be evicted.

Alex Watts :

Is it possible for either Mr & Mrs Lee or ourselves to become a guarantor or is there anything else they or we can do? - Sadly this is a decision for the lender. You can't force them to accept you as guarantor.

JACUSTOMER-mjc8ingm- :

Thank you for that, is there anything else that we could do?

Alex Watts :

Sadly not at this stage. Its really an issue between the Landlord and the lender. The lender may accept your proposed offer of payment, or may not. Sadly you can't force the issue

Alex Watts :

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