We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
The Forum is currently experiencing technical issues which the team are working to resolve. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
rental property repossession help please
hannah29_2
Posts: 177 Forumite
Hi
We have been renting our house for 4 years and the landlord manages it and has been great. today we recieve a notice of possession proceedings in 3 weeks time for this property and our landlord. He has not said a word to us and we are a little shocked.
i would just like a few things clarifying if anyone can help please.....
does this mean the house is being repossessed by the bank on this date?
where does that leave us in terms of living here?
our rent is due on the 1st of the month, if we pay all of it to our landlord and it gets repossessed on the 11th, will the bank own it from then and be asking us for more rent from the 12th?
should we pay our rent for april or hold off till we know whats going on?
is our landlord in breach of contract?
if we have to move it is going to be really inconvenient as we live in a very small village where the children go to school, there is rarely any property comes up for rent so we may have to move away a bit which means moving the children away from friends, extra travel costs etc
we are also assuming our deposit is safe to be given back to us as its our understanding that by law it has to be kept in a deposit scheme nowadays - can anyone confirm this?
lots of questions sorry but thanks in advance to anyone who can offer advice
Hannah
We have been renting our house for 4 years and the landlord manages it and has been great. today we recieve a notice of possession proceedings in 3 weeks time for this property and our landlord. He has not said a word to us and we are a little shocked.
i would just like a few things clarifying if anyone can help please.....
does this mean the house is being repossessed by the bank on this date?
where does that leave us in terms of living here?
our rent is due on the 1st of the month, if we pay all of it to our landlord and it gets repossessed on the 11th, will the bank own it from then and be asking us for more rent from the 12th?
should we pay our rent for april or hold off till we know whats going on?
is our landlord in breach of contract?
if we have to move it is going to be really inconvenient as we live in a very small village where the children go to school, there is rarely any property comes up for rent so we may have to move away a bit which means moving the children away from friends, extra travel costs etc
we are also assuming our deposit is safe to be given back to us as its our understanding that by law it has to be kept in a deposit scheme nowadays - can anyone confirm this?
lots of questions sorry but thanks in advance to anyone who can offer advice
Hannah
0
Comments
-
The date for the hearing is not the date for possession. Visit the shelter website, some great advice there- also, attend the hearing if you can. It is likely that you will have at least a coup,e of months to get sorted out, and it is important that you continue to pay your rent. The issue is between the landlord and the mortgage holder.
It may be that at the hearing you will be directed to pay the rent instead to the mortgage company, and they will let you remain for a bit longer.
Your landlord is obliged to give you two months notice if you are on a rolling contract- if you are on a fixed term, he is obliged to make the property available for the length of the term. Not likely to be a breach of contract, as you will likely get at least two months notice.
Your deposit should be protected and you should have been given the info at the start of the tenancy. If not, query this. However, it's not due back to you until you leave the property.
Hopefully Artful will be along in a bit with some wise words- good luck0 -
What does the letter actually say?
Usually the lender will send out "feeler" letters before taking any action, to try to find out who is actually living there. Have you received any letters marked "to the occupier" or similar? Does the LL still receive mail at your address?
You must take action to let the lender know you are there and this may buy you some time before the property is repossessed. If you LL had consent to let, then the lender must honour your tenancy, or give you correct notice period to formally end it. However, if lender does not know you are there, they will not automatically do this, so you must make them aware of it!
If there is a possession hearing (which this letter is probably advising you of) you must attend to state your case to continue your tenancy, atleast for the time being, although once it is repo'd, your time there will probably be limited.0 -
the letter is from eversheds international law firm. it was addressed to the occupiers/tenants and says ...
we hereby give notice that possession proceedings have been commenced in respect of .....(our address)
claimant is the bank
defendants are our landlord and wife
the case has been listed for a possession hearing on (date) at ......county court
thats it0 -
Occassionally landlords get into financial difficulty & fail to pay their mortgage. Often, even where a tenant has a good relationship with the LL, the first sign of this is a letter addressed to "The Occupier". This may be from a bank, a legal representative, or a court.
This post has been moved. Please go to
http://forums.moneysavingexpert.com/showpost.php?p=67759925&postcount=6
0 -
GM, just a suggestion, but as you have put this so clearly and succinctly, could you somehow incorporate it in your "how can LL/T end tenancy" guide post, as it is very relevant and seems to be coming up here regularly lately.0
-
Happy to do so - or something similar.GM, just a suggestion, but as you have put this so clearly and succinctly, could you somehow incorporate it in your "how can LL/T end tenancy" guide post, as it is very relevant and seems to be coming up here regularly lately.
My immediate reaction is that's not the place for it. In that (& my other posts) I've tried to keep them short & readable, (but comprehensive!) but they all seem to keep growing (partly as you guys point out errors, ambiguities, oversights etc!)
This is kind of a topic on it's own, unrelated to LL/T ending a tenancy as it's a lender potentially ending it.
Hmm. could add it on the bottom. Will think...
and accept suggestions as always.
(note: that post is here)0 -
I think it should have a separate Sticky, just my opinion!0
-
GM (sorry we are hijacking OP's thread),
I agree, perhaps a post specifically about the implications of repossession is a good idea, but there is already a sticky "check your LL has permission to let"? I assume this topic is adequately covered in that thread, but its grown to 600+ replies, so I (and I doubt many others) would not want to wade through it all ...0 -
I too apologise OP - but hope we've answered your query. If not, please come back!I agree, perhaps a post specifically about the implications of repossession is a good idea, but there is already a sticky "check your LL has permission to let"? I assume this topic is adequately covered in that thread, but its grown to 600+ replies, so I (and I doubt many others) would not want to wade through it all ...
Just glanced through that sticky. No, not the whole 600 posts but the initial one! It was created in 2006 and last updated last May, so presumably all but the more recent posts have been incorporated....??
However, the Mortgage Repossessions Act 2010 is not mentioned, and nor is there any real detail of a tenant's options, rights or exposure. There are also, to my mind, a number of very strange, potentially misleading, assumptions.
To be fair, the focus is on advice for tenants prior to taking on a tenancy, rather than dealing with repossession once the tenancy has been created.
Perhaps MissMoneypenny could be persuaded to review the initial post in the sticky....0 -
Bumped for feedback on post 5.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 350.4K Banking & Borrowing
- 252.9K Reduce Debt & Boost Income
- 453.3K Spending & Discounts
- 243.4K Work, Benefits & Business
- 598K Mortgages, Homes & Bills
- 176.7K Life & Family
- 256.5K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards