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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Q: We are long term private tenants with a private landlord

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Q: We are long term private tenants with a private landlord (since 1994) with a assured tenancy, we have financial interests in the property as we paid for substantial repairs and upkeep for the dwelling over the years, and have registered charges registered at land registry in our favor.(1) Without ant notice or awareness (ie) we had nothing in the post, the lender HSBC repossessed the property in September of 2015 as the landlord failed to keep up the mortgage repayments.(2) We only realised this when the bailiff dropped the eviction notice through the door on the 21st of December(3) in late November 2015 a 'field agent instructed by HSBC dropped a open letter' saying the mortgage account had arrears and 7 days later we paid in £2500 direct into the landlords mortgage account as is our agreement with hims (ie) we failed to get hold of the landlords who live 200 miles away and this has happened numerous times before (ie) the mortgage account fallen into arrears but we did not know the property had already been reposssedQ: How does the 'Mortgage repossession (Protection of tennats etc) Act of 2010 protect us here??? (ie) no notice by the lender there was a repossession hearing in Sep 2010, and no notice in our names (ie) refusing to acknowledge there are tenants .We intend to seek legal advice and file a form N244 to the courts on the 4th of January asking for a 'stay in execution of the repossession order'Q: What key points to do we need to place in this form ??thank you
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Just to be clear has the property been repossessed or do you only have an order for possession?
Customer: replied 1 year ago.
Thank you for your offer of a telephone discussion, but i am not good on the phone (here) and am worried i will forget to raise many matters and not fully take on board what you say.
Expert:  Ash replied 1 year ago.
Of course.
Just to be clear has the property been repossessed or do you only have an order for possession?
Customer: replied 1 year ago.
The property has been repossessed, there was a repossession hearing In Sep 2015, which we knew nothing about, we paid £2500 direct into the landlords mortgage account, clearing the arrears in December 2015 (after the field agents open letter posted in late November) we spoke to the field agent instructed by HSBC bank, and he mentioned nothing about a repossession. we have a legal charge on the property for monies owed on work done and another charge pending.
Expert:  Ash replied 1 year ago.
If it has been repossessed then form N244 wont do anything. This is because if the Mortgage company has taken possession then they own it the property.
Form N244 and getting a stay of execution wont do anything. if the property has been repossessed then the mortgage comes to an end and the lender is entitled to sell the property or otherwise dispose of it.
Even if the property had not been repossessed the law only allows you to gain an extra 2 months in the property. The Court does not have power to order more than 2 months.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
The lender gained a repossession (as far as i can say) without following the law (ie) the lender should have made the tenants aware there is a hearing due, we had nothing in the post, even the field agent did not know there were tenants in the dwelling.The field agent did say " as long as the arrears are paid' that should be the end of the matter, which is near enough what you said in your earlier reply.Yes but we have a interest in the property !!!
Customer: replied 1 year ago.
our case is 'we as assured tenants have registered charges on the property' .
Customer: replied 1 year ago.
the property was repossessed when the 'field agent called' and he said' i am not here to reposes just to clear the matter up (ie) he was seeking the arrears be paid, which they have now.
Expert:  Ash replied 1 year ago.
The lender does not have to give notice to tenants sadly. Its nothing to do with them - its a contractual matter between the Landlord and the lender. Nothing more.
The Court wont notify you of a possession order (and there would have been a hearing) as the address for service for Court documents would have been what the Landlord provided.
Sadly where there is a possession order its not just a case of discharging the arrears. Usually there is Judgment for the FULL balance of the loan plus Court costs. These would need to be discharged.
You may have an interest via a charge but this I assume is behind the lender. Therefore you are only entitled to any proceeds once the mortgage and legal costs have been discharged.
Does that clarify?
Alex
Customer: replied 1 year ago.
there is approximately £88k left on the mortgage account, can a third party settle this debt? (ie) make a payment direct to the lender ??and how does the act of 2010 protect us????
Customer: replied 1 year ago.
Thank you, ***** ***** ask you to clarify the 'Mortgage repossession (protection of tenants etc) Act 2010 (ie) what protection does this grant us here ???
Expert:  Ash replied 1 year ago.
2 months extra time assuming that the property has NOT been repossessed.
If the property has been repossessed then it does not apply.
A third party could settle the £88k plus any costs yes.
Does that help?
Alex
Customer: replied 1 year ago.
|Thank you for all your help, but this advice conflicts with other advice, in particular how does the Act of 2010 help here???
Expert:  Ash replied 1 year ago.
The 2010 Act only helps if you are still in possession. You are not the property has been repossessed. Therefore it doesnt help you and even if it did would only buy you 2 months.
Does that clarify?
Alex
Customer: replied 1 year ago.
Q: What protection does the Act of 2010 give??? (ie) there are assured hold tenants with vested interests in the property that were not given proper notice by the lender .
Expert:  Ash replied 1 year ago.
No it does not.
It only allows the court to extend possession by 2 months. Nothing more.
Please read it yourself
http://www.legislation.gov.uk/ukpga/2010/19/contents
The problem is the property has been repossessed. So even if you apply to set it aside it won't make any difference. It's been repossessed. That's the problem,
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
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Customer: replied 1 year ago.
To Alex W:Thank you for your answers, the lender has agreed to a 2 month delay of execution of the eviction order. with the help of a friend i have placed together a 5 page bundle of defense which is being given to 'shelter' for aid/assistance, are you in a position to look at this?? is this something you can do? or do i need to place individual questions to you??(1) The key points are the tenancy of 1994 predates the registered charge and registered unilateral interest of the bank 22/12/2014 . the defendants argument , in 1994 the landlords were in a perilous position (ie) they bought the property for circa £95000, the property prices fell to circa £60k, the landlords faced a loss of £35k, they also lived and operated a business in another town and the round trip was 3 hours .The landlords claimed they bought the property for cash and offered the property to the tenants ( now 2nd defendants) on a rent now, improve, and buy later when can investment road map) the tenants case is they inspected the land registry register and it did not show any 'beneficiary interest or unilateral interest registered by any lender.( Barclay bank V Guy 2008) The Bank granted loans to company X, taking land as security, which company X claimed belonged to them, and the land registry register verified the claim.Mr Guy brought action against the bank, as he was the real owner, 'fraud had been used by company x' Mr. guy argued the bank should have gone beyond the register to determine the real owner before lending the money.The Bank argued and the appeals courts upheld refusing any further appeals from Guy as follows:The bank took the land registry register as 'trite law' ( absolute proof) and could not be reasonably to expected to go beyond the register.The appeals court added " had Guy registered a unilateral interest' on the register, he would be entitled to redress from the bank.Here in this case, the bank did not register any beneficial interest or unilateral interest until 22/12/2014 ,some 21 years after the tenancy of 1994.Q Where does the repossession order stand now????

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