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Original poster

More advice for friend .. should she try squatting .. should she accept first council house .. PLEASE HELP (its out of my realm of experience)

12 replies

Twiglett · 04/09/2006 12:58

wonderful wonderful friend rents a house .. has returned from holiday to eviction notice from mortgage company .. seems landlord hasn't been paying mortgage although she's been paying rent

so my questions

eviction notice is for 20 days time .. can she call mortgage company and ask for more time? .. can she squat until she can sort it out

CAB have said she should take first council house offered then fight to move from there .. she's a single mum with 2 teens and a 9 year old with SN (autistic / GDD) AND a foster mother too so needs a 4 bed house .. is this advice right?

anything else she could think of

OP posts:

LIZS · 04/09/2006 13:02

Surely it is between her and the landlord then landlord and mortgage company? Is the landlord still around ? Is there any letting agency involved. CAB should be able to advise her as a sitting tenant and maybe the mortgage company would let her stay, paying them as landlord, after repossession and until it is actually sold ?

SenoraPostrophe · 04/09/2006 13:05

how horrible for your friend.

I don't know a lot about it but am almost sure mortgage co should give more than 20 days notice - she is still protected by her contract even though it was with the landlord. I could be wrong but it is well worth phoning them. are they aware that she is a tennant and not the owner's friend or something?

if not she could squat, but these days the courts are so quick to evict that it probably wouldn't be worth it - I thinbk you can get an eviction order in 3 weeks. if not it's not much more than that.

tribpot · 04/09/2006 13:07

Does she rent through a letting agent? Why did the eviction notice come to her, is the landlord using her address for correspondence with the bank?

I don't know the legalities but personally I would refuse to move out and say this is a matter between the bank and the landlord. She presumably has an assured tenancy?

If she does rent through an agency, first call should be to them, this is their problem.

Some useful information here on eviction in general .

On the fostering side, can Social Services help at all?

I suspect this may happen to a friend of mine sometime in the next year, albeit she is 21 and with no dependents so I shall do some more digging.

Original poster

Twiglett · 04/09/2006 13:08

as I understand it I don't think the mortgage company knew it was being rented out .. landlord is telling her he'll sort it

I think she should phone mortgage company and ask for extension ..

the council house question though? is she in a stronger position if she accepts an unsuitable house then asks to move or stronger if she's on the list (based on her personal circs)

I love this woman .. she is the kindest most generous spirited person I know ...

OP posts:

tribpot · 04/09/2006 13:11

Ignore my last post - links were all members-only. I have a bit more confidence in the Shelter website!

tribpot · 04/09/2006 13:16

The mortgage company can't deal with her, as she is nothing to do with the mortgage. Although I don't think it would hurt to put in writing to them the fact that she is a tenant with a copy of tenancy agreement.

Is the landlord a member of any local association? I assume from the fact she's talking directly to him there is no letting agent.

I can't help on the Council house question although I do feel she is better staying put.

I think she, or you, should phone Shelter for advice, and maybe try and get a free half hour consultation with a local solicitor.

serenity · 04/09/2006 13:21

Twiglett, it would depend on the council. Mine is very strict (big housing shortage) and you get one offer only. If she turned it down because she felt it was unsuitable, they would then class her as being 'intentionally homeless'. Here she'd be better off getting into the system by accepting the offered property, and then fight for something more suitable. How old are her teenagers? If they are over 16, they might try and offer them something separately rather than house them together. She needs to find out what her local council does.

fondant4000 · 04/09/2006 13:26

I'd go to see the local housing office as they can help with both questions - the eviction and the rehousing.

They're often very good and genuinely nice, and v. up to date on rights for private tenants.

N1SEXYTING · 04/09/2006 16:32

She needs to go to the council as once the 20 days are up the mortgage company will be coming to lock up the house (happened to me and my mum when i was younger).

depending on the council, she will be housed in temporary accomodation before she is offered a permanent place and most do only give one offer. but they do take into consideration things like how many children she has, the fact that she has a child with a disability might work in her favour especially if he goes to a special needs school so she can argue for a place close to his school.

HTH

milliec · 04/09/2006 22:07

Message withdrawn

anorak · 04/09/2006 22:18

Surely it would depend on what it says in her rent agreement. If she has a rent agreement the mortgage company will have to abide by it.

I would consult a solicitor who is an expert in letting law.

Flossam · 04/09/2006 22:22

Similar to this happened to my friend. They found a cheap flat through a friend of a friend which was rented out to them for a very reasonable rater. turned out to be a council flat and the landlord had not been paying rent so they were evicited. It was an incredibly stressful time for her and her and her Dp didn't even have any kids.

I think the only tact here is to hope the landlord does sort it out with the mortgage comapany, if not she has not much to stand on - don't know about squatting - i think it depends on when she took tenancy, but then again it wouldn;t be the landlords property anymore - suspect mortgage company would have more wellie to get her out.

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