Hello my name is ***** ***** I will help you.
Who is in the property now please?
The trespasser is in the property.
How did he become a trespasser please?
According to the tresspasser someone claiming to be the landlord let him into the property after taking money from him. The keys were held by my lender's agents who were in control of the building. The trespasser said he believes the impersonator broke the lock and replaced the keys. He then entered the house with those keys received from the impersonator.
Ok, so it's not something the lenders knew about?
No the lenders did not know about it. They got to know after the trespasser moved in and called in the police. They then wrote to the tresspasser asking him to move out.
1) if the property has reverted to you then as the owner you have legal responsibility to remove
2) as above sadly it's you
3) no, no legal obligations. They may should have told you under the duty of good faith. It that does not mean they have done anything illegal.
What you need to do is write to the occupier and ask the, to leave or say you will get a court order.
If they refuse then you can seek a court order for possession. But you must get a court order for possession before the person can be evicted.
But apply to the court, you will get possession, then yin can instruct bailiffs. The cost is. £355 I think for a court order.
Can I clairfy anything for you about this today please?
Thank you very much.
Can I use the Interim possession order (IPO) as well given that though I am entitled to possession of the property now, I may not have been entitled to possession for all of the duration of the trespass being that my lenders had control through Receivers from before it happened on 29 June up to 27 July when I redeemed the mortgage or up to 11 August when I got to know about the trespass. Or does the fact that the Receivers were legally acting for me mean that I had that entitlement? I.e. is my entitlement to possession separate from that of the Bank acting through their appointed Receivers or is it my entitlement irrespective of who was acting for me?
Another IPO rule says the claim should be filed within 28 days of when I became aware of the trespass. That would be met for myself as I knew about it only on 11 August, but my lender knew about it for over 28 days and did nothing. If I can use IPO does this rule apply only to when I knew about it and not when my lender did since I will be making the application and I am now legally responsible for getting them evicted?
Can I apply for the IPO and the normal squatter possession in one application in case the court decided I am not entitled to an IPO then they may proceed with the other?
I offer an additional £30 for this further clarification to made good as a bonus as I can't see how to alter the amount at this stage.
I would just use the regular court possession route because this person is a trespasser.
The IPO is a harder process to use and can be a little complicated. So I would go to court via the standard possession route.
This should get the person out quick and if they don't move out you can instruct high court bailiffs.
Does that clairfy?