can anybody translate into actual english, please??

[becksydee]

i'm trying to fill out the relevant forms to get my bastard tenants (who haven't paid me a penny in rent since they moved in over 2 months ago) evicted from my house in birmingham

Comments

[karen2205]

It will be [bank name] of [bank address]

If you're saying that the bank is entitled to claim relief, then you need to supply an extra copy of all the papers you will be sending to the Court with the N119 as given that the bank is financially interested in getting your tenants out, they may want to participate in the proceedings, so you/the Court [I don't know how it works in these sorts of cases] will serve a copy of the claim on the bank so they know what's going on. They may then apply to be joined as an additional Claimant.

I don't know much about housing law - I suggest:
(a) prodding friend_of_tofu who does
(b) Shelter's housing advice line
(c) A Law Centre (if there's one in your area)
(d) The CAB

for free advice 'cos they all know more than me!

[becksydee]

oh hell ... i never got round to telling my mortgage company that i was letting it (too busy chasing rent & with life in general). hm. i will try talking to one of the people you suggested - thank you.

[etoile8]

Ouch, hope the bank are ok with you not telling them! If I were you, I'd talk to CAB, cos they deal with this sort of thing all the time. Good luck!

[friend_of_tofu]

Ahem. The bank might be quite unimpressed with that! But you're going to have to tell them if you want to go through with the eviction.

Second what karen2205 says about the form - although I've never assisted anyone with completing one (I generally act for tenants and not landlords), it would seem fairly obvious from context that you EITHER say you don't have a mortgagee or sublessee (ie you own the property outright and haven't given anyone else any other interest in it) OR you have a morgagee, in your case your bank, and you enter their details there. (The mortgagee is the party with the benefit of the mortgage ie the lender. You are the mortgagor, as you are the person who sought the mortgage.) The court will need to know these details

[becksydee]

thanks for the advice. i've got the rest of that form, and the N5 form, sorted now - it was just that bit i wasn't sure about. i've found some useful stuff on the net aimed at landlords, including a guide on how to fill out those forms, but it didn't explain that particular part.

am i right in thinking that if i've got all my paperwork in order & i've followed the right procedure then the actual court bit will be fairly straightforward? (and unscary??) i can barely afford to pay the court fees at the mo, let alone instruct a solicitor - luckily my partner is subsidising me atm but that can't carry on forever. so it's just talking to the building society about the mortgage that's the issue - and i don't suppose a solicitor could help me much with that anyway (could they?).

i guess the next step is to ring up the building society and start grovelling ... eep. thanks again.

[friend_of_tofu]

A solicitor *might* be able to advise you on your approach to your lender, hence my suggestion that a brief fixed-fee appointment might help, but not necessarily

[becksydee]

basically, their first rent cheque bounced, and then they cancelled the standing order that had been set up (i sent the mandate to the bank personally, so i know they got it) ... tenant 1 is blaming tenant 2, saying he's given tenant 2 the money for the rent but tenant 2 hasn't passed it on to me, and tenant 2 has stopped answering phone calls - i don't believe either of them! as for what i want - well, both really. but getting them out is number one priority now - i realise it may be a long and drawn out process getting money out of the tenants, even if i am granted a money order

[friend_of_tofu]

Renting via an agent will not make a blind bit of difference in a situation like this. My personal opinion of agents is that they are a total waste of money unless you have more than, say, 4 properties and another full-time job, since there is nothing an agent can do that you can't do yourself. Most of them don't have the first clue about housing, either. There are some honourable exceptions to the rule, but my experience is that agents are at best useless and at worst parasitic.

the amount of money i spent getting it up to a good standard is the main reason i'm in such a mess now with my finances - i was expecting to get rent in to pay off my debts!This is why I suggested speaking to a financial advisor - the above doesn't sound like a good investment to me, and it looks as though you could use some thorough advice about your situation. If you are seriously in debt, have you considered selling the property? The market is just starting to fall but may continue to do so for some time yet (indeed, I think that's likely), so now may be

[friend_of_tofu]

Oh, and while I don't want to worry you - I've appeared in court as an advocate on quite a few occasions, and I *always* find it scary! Well, nerve-wracking at least, depending on the court. County Court won't be too formal, but it can still be a bit eep. But don't worry, most people find court frightening and the judges and court staff know that and are generally pretty nice about it.

[becksydee]

ok ... i guess that's kind of reassuring. thanks.