Property over which Mortgage Express has a charge

[Mcvj]

Hi there,

I rent my property through an estage agency in Manchester. I'm now on a rolling contract with them.

I've had a letter today, addressed to 'the present occupiers', it says:

Our Client: Mortgage Express
Property address: my address
We have been instructed by Mortgage Express in relation to the above property over which they hold a charge.

Legal proceedings are shortly to commence and so you are recommended to seek independent legal advice and make alternative arrangements regarding accommodation.


Does anyone knows what this means, or the implications? Do I have any right to stay here?

Any help welcome - feeling quite desperate so close to Christmas and New Year!

[237SJ]

You need to hand the letter to the estate agents who manage the property so they can hand it to the landlord. The letter is for the landlord.

[jackthehat]

It sounds like whoever 'owns' your property has defaulted on the mortgage and the wheels have been set in motion for the mortgage company to repossess it and they will want you to leave.

Go to Citizens Advice Bureau and find out your rights in such a situation.

[sandyRoe]

It looks as though whoever owns the property where you live hasn't been paying the mortgage.
Contact a housing charity like Shelter to get proper advice.

[237SJ]

Sorry, just read again (properly this time) Sounds like the place is going to be reposessed and you might need to find somewhere else to live. I would telephone the agents and speak to them about it.

[Buenchico]

Start here:
http://england.shelte...by_a_landlords_lender

Chris

[boxtops]

You are the tenant, not the property owners, but it's not clear from what they say whether they are repossessing the property. The best thing you can do tomorrow is to ask the letting estate agent (IMO), they will know who the owners are. Don't give them the letter unless you have kept a copy for your own reference. They suggest you consult a solicitor and to be honest, that's probably sound advice. Keep any further correspondence which comes from these people.
I've just googled and Mortgage Express are/were part of Bradford & Bingley so they sound legitimate - perhaps the landlord hasn't been paying his mortgage instalments. I don't want to worry you but don't hang about, seek legal advice.

[Mcvj]

Thank you all for your advice - How much notice does one usually have in these situations?

I just spoke to a friend and he suggested that I cancel my standing order to the estate agent for my rent, unfortunately the most recent installment went out two days ago (typical!)

Thanks again, I best get looking :(

[jackthehat]

The Estate Agency may be able to offer you alternative accommodation but you need to let them know PDQ.........they may be able to hold off forwarding your 'rent' to the owner of your current house.

[boxtops]

mcvj - coincidentally there is a CAB article in our local paper this week about this. The person moved into a privately-rented flat, landlord not paid mortgage, tenant worried about eviction without notice even though rent is up to date:
It says: "Until Oct 26th (2010) you could have been evicted by your landlord's mortgage lender without notice if your landlord was repossessed due to mortgage arrears, but you now have new protection. If your handlord falls behind with mortgage payments, the mortgage lender can go to court to get possession of the property. When the lender has possession they can usually evict anyone who is living there. However, new rules now mean that you can ask the court or the mortgage lender to delay possession of your home by up to two months, to give you time to find somewhere else to live." (This was in the Dover Express 2-12-10)
I hope this helps.

[bushbaby_de]

Just to add to these answers, whilst the house hasn't actually been repossessed you are still bound by the terms of your contract - so if you are thinking of leaving you should have a look at when you can legally give notice to end your contract.