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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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1) We are family tenants from 1994 in a domestic dwelling

Customer Question

(1) We are family tenants from 1994 in a domestic dwelling 'assured tenancy'
(2) The landlord is a private ( not business) person it suited him to afford this tenancy as he bought the house for investment reasons ( never lived in the house)
(3) over the years there have been many run in with the landlords and he has been
prosecuted by the local council some 4x (ie) failure to repair property, where we did the repairs which he never paid for, and charging orders are on the property.
(4) we have several signed agreements in place, authoring us to pay the rent direct into
the mortgage account if the property fell into mortgage arrears which we have done many times.
(5) behind our backs somehow (without any notice to us) against the repossession property act of 2010 protecting tenants , the property fell into mortgage arrears, and was subject to a court order for repossession granted in Sep 2015, we had absolutely no knowledge of the mortgage arrears or any hearing.
(6) In late November 2015 the lender HSBC sent out a 'field account manager' and he left notices saying the mortgage account was in arrears, there was "NO MENTION'
of us as tenants and in a phone call the agent admitted he did not know the property was tenanted or repossessed
(7) We paid £2500 into the landlords mortgage account clearing the arrears. around the 14th of December 2015
(8) On Monday 21st December (4 days ago) we received a eviction notice ( automated) from the September repossession ( which we knew nothing about)
(9) we have not taken legal advise due to the xmas break and a few solicitors contacted are not available until 4th jan
(10 we sent to the Court to get a copy of the possession order and a form N244 which is a form which we can fill in asking for 'a stay of execution' which will be filed on the 4th of January
(11) we are entitled to legal aid
(12) we have a vested interest in the home, which has been under our occupation for 21 years
(13) we have not been able to contact the landlords.
(14) the question arises now , can the lender seek repossession with no arrears on the account and we have full authorisation to pay into the mortgage account to pay the arrears and maintain the mortgage account.
(15) on what grounds can the lender refuse our pleas and continue with possession ?
(16) can the courts refuse the form N244 stay execution ?
(17) we have a vested /financial interest in the dwelling and are partisan to the landlord albeit the lender may not see this
(18) The £2500 paid in by us has been cashed and accepted (ie) the cheques cashed.
(19) where does that leave the lenders rights for possession
my email address is***@******.***
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What is it you want to know specially please?
Customer: replied 2 years ago.
Thank you for your reply.I wish to know the following:(1) is the lender entitled to repossession when the mortgage account arrears have been paid in full ( albeit) the arrears were paid after the court repossession order and before the eviction notice.(2) The lender nor the field agent informed us the tenants (ie) the Act in question Act of 2010 tenants rights on properties in repossession (ie) we should have been fully informed of the possession hearing in Sep 2010 (ie) this was not followed by the lender, where does that leave the process of (2:1) the possession order itself gained in September of 2015 Is this now void ?? (ie) gained without proper process??(3) Are we sitting tenants (ie) the tenancy has existed for 21 years and the landlords soliictors ( prior issues) admitted the tenancy is assured
Customer: replied 2 years ago.
just to add, we have young children and the tenancy was taken on the basis of 'vested interests' in that we maintain the property (minor issues) but we ended up funding major works as the landlords when served with city council notices (health and safety) did not have the money to up the dwelling, there are charges in our favor on the property at land registry .
Customer: replied 2 years ago.
*to uphold and repair the dwelling
Expert:  Ash replied 2 years ago.
1) Yes. This is because the lender would have received judgment for the full outstanding mortgage balance. So yes the lender is entitled even though arrears have been paid, although they may be happy to reinstate the mortgage if all costs and arrears have been discharged.
2) No. It's not for the lender or agent to give you legal advice. There is a valid court order for possessing and such the lender is entitled to seek possession with a warrant.
3) No. The lender is entitled to possession as it is their right, your tights are secondary to the lenders. All you can do is apply to the court to stay eviction but even then you are only delaying it, you can not prevent it.
Can I clarify anything for you about this today please?
Expert:  Ash replied 2 years ago.
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