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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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About evicting a trespasser from my property: My property

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About evicting a trespasser from my property:
My property was under receivership by my mortgage lenders from March 2015 to July 2016. They made the tenants vacate in February 2016 and put the property up for sale in April 2016. On 27 July, I managed to redeem the outstanding mortgage and charges on the property as contained in the redemption statement they presented to me. The ownership and control of the property reverted to me with effect from that day 27 July 2016.
I went on a trip between 3rd and 10th August and upon my return I went to the property on 11 August to take physical possession of it. On arrival I found that somebody was living there. A family to be exact. The tenant said he was duped into renting the property. He showed me a tenancy agreement that commenced on 29 June 2016; receipts for payment of one month rent and one month deposit totalling £2600; a letter from the police acknowledging that they had received his complaint and were investigating the matter; a copy of a driving license presented to him by the purported owner of the property who let the property to him and which according to him the police said was fake. The details on the fake driving license marched the details on the tenancy agreement. He also showed me a letter (not dated) from the local Estate Agent who had been appointed by the Receiver to sell the property if I did not eventually redeem the loan and who had been marketing the property. The letter stated that the occupant must vacate immediately as they were there illegally and that the property had been sold. He stated that the letter was delivered to him two days after he moved into the property. As far as I know, the property has not been sold as neither the Receiver nor my lender has told me so. In any case the outstanding charge on the property was paid off on 27 July as I wrote above.
The occupier told me that people from ‘the bank’ had visited the house and asked him to vacate immediately at which point he reported the matter to the police.
He also said that at least three other people had come to the house since he moved in there stating that they had paid money to some person who claimed to be the landlord for the rental of the property.
As I stated above, this property was under Receivership and management control of my lender who appointed a Receiver to handle their interest in March 2015. The Receivership ended effectively on 27 July 2016 when the loan on the property was redeemed so this incident occurred during the period of the Receivership and both the lender and the Receiver were aware of it.
Neither my lender nor the Receiver informed me about this incident despite the fact that I had been in constant communication with them regarding my efforts to redeem the mortgage since the legitimate tenants vacated the property in February 2016. In deed only on 24 July they sent me the final redemption statement for the property. They never communicated anything about this trespass of the property to me.
My questions are:
(1) Who bears the legal responsibility for removing the occupant?
(2) Who bears the legal responsibility for the cost of the removal?
(3) Has the Receiver and or the lender breached any legal obligations regarding keeping me informed about such developments with the property by failing to inform me about the incident since they became aware of it on about 1st July?
I intend to live in the property and that was my plan if it survived the Receivership action. I have nowhere else to live as my current home is going to be sold by the mortgage lender and I have evidence of that.
(4) What is the best process I should follow now to quickly remove the trespasser from the property and get possession?
(5) Any other advice or information will be useful please.
Thank you.
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.

Hello my name is ***** ***** I will help you.

Who is in the property now please?

Customer: replied 7 months ago.

The trespasser is in the property.

Expert:  Ash replied 7 months ago.

How did he become a trespasser please?

Customer: replied 7 months ago.

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.

Expert:  Ash replied 7 months ago.

Ok, so it's not something the lenders knew about?

Customer: replied 7 months ago.

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.

Expert:  Ash replied 7 months ago.

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?

Customer: replied 7 months ago.

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.

Expert:  Ash replied 7 months ago.

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?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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