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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Moved into a private let property 8 weeks ago on a 12 month

Customer Question

Moved into a private let property 8 weeks ago on a 12 month AST. 2 weeks ago I received a letter advising the property is going to be repossessed on the 12th September. Letting agents didn't know about the repossession order. Landlord has advised he's paid off half of the arrears the balance will be paid on the 1st September. I have written to the mortgage company asking for an extension on the repossession order. But had no reply no-one at the mortgage company will talk to me bse my name isn't on the account.
Hopefully the landlord will do as he's promised, if he doesn't I want to know what else I can do to extend the repossession order to give me time to find new accommodation and also to recoup my costs, from letting agent and landlord if possible.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Can you tell me what stage the mortgage possession proceedings have reached? Is there an order for possession, a date for the eviction or is this is notice served prior to issuing proceedings?

Customer:

The date for eviction has been issued, the letter advising me of the date was the first I'd heard of it.

LondonlawyerJ :

I have been out all day unfortunately. I will answer your question later this evening.

Customer: Hey what's going on?
Customer: replied 2 years ago.
Relist: Other.
I haven't had an answer yet over 48 hours since I asked the question
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Is the September date actual date for possession or court hearing date please?
Customer: replied 2 years ago.
It's the date for possession
Expert:  Ash replied 2 years ago.
What you need to do is complete form N244
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
You need to ask the Court for a stay of eviction. By law you can ask for this for up to 2 months, but not beyond that.
This is a power given under the Mortgage Repossessions (Protection of Tenants etc) Act 2010.
But sadly the Court only has power to give you up to 2 months, it simply can't give you any longer.
So you can extend it to 12th November.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Ok knew about that, can it be submitted to any court or does it need to be the one that ruled in favour of the mortgage company?

Also what form of recourse is available to me against the letting agents or landlord for letting the property to me when there was a repossession order pending?

Expert:  Ash replied 2 years ago.
You can submit to to the County Court that gave possession and it will be transferred to your local County Court (home Court).
As for any action against the agents - only if they knew about it, but I assume the Landlord didn't tell them.
However you would have a claim against the Landlord and could issue proceedings for breach of contract - however if he has had the property repossessed would it be worth it, if he does not have any money?
You would spend time and money on a process where you may not get anything back.
Does that help?
Alex
Customer: replied 2 years ago.

thanks alex point taken regarding the landlord. What about the letting agent? clearly they didn't do any due diligence on the landlord any liability there?

Re. N244 i don't know which court issued the possession order I've got the warrant number can I track down which court issued the order from that?

Expert:  Ash replied 2 years ago.
You can only claim against the Letting Agent if they knew. Its not a question one would normally ask - are you currently in arrears or have possession proceedings against you?
The agent is just that - they act as agent on behalf of the Landlord, so I really don't think you have a claim against them.
You have a case when getting a new property for them not to charge you fees, but I think that is it.
The warrant number - does it not show the Court name on it? It would also normally be the Landlords home Court, so give your local County Court a call.
Does this help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

many thanks alex

Expert:  Ash replied 2 years ago.
Happy to help.

Alex

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