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Letter of court Proceedings: Rented house being repossessed!!
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aaroncaz
Posts: 5,242 Forumite
Please can someone advise, have just had a letter, addressed to the occupier, telling me that there is a court case on 09/09 to recover possession of my rented house!!
Landlord has mentioned nothing to me!! He is in his 30s, his dad lives 2 doors up, they are always outside my house(long story!) doing up dads cars! I cannot believe his has not been paying the mortage:mad:
This is such bad news for me and my son! I am seeking advice, waiting on a phone call.............................................
Now they had 2 months deposit of me, should I stop paying the rent, so I could maybe save for another deposit? How long does the repossession take after court case?? There must be a 1000 more questions, but I can't think, all I know is we may be homeless!
Landlord has mentioned nothing to me!! He is in his 30s, his dad lives 2 doors up, they are always outside my house(long story!) doing up dads cars! I cannot believe his has not been paying the mortage:mad:
This is such bad news for me and my son! I am seeking advice, waiting on a phone call.............................................
Now they had 2 months deposit of me, should I stop paying the rent, so I could maybe save for another deposit? How long does the repossession take after court case?? There must be a 1000 more questions, but I can't think, all I know is we may be homeless!
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Comments
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CAB and Shelter are the best places for advice.
First action is to phone the lender and inform them that you are living there. Ask if the landlord had consent to lease. Prepare to go to court and tell the judge that you are living there and have been paying your rent.
Worst case is that a judge grants possession tot the lender and you have 14 (?) days to leave. Best case is that judge suspends repossession order and you continue with tenancy.
Somewhere in the middle comes you remaining there until the end of your AST, I wouldn't rely on being able to remain beyond the end of your AST.
Stopping paying the rent puts you in breach of the AST. It may be that the lender repossesses and instructs you to pay them the rent until your AST ends. Presumably your deposit was protected through one of the government schemes.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
CAB and Shelter are the best places for advice.
Agreed.
http://www.adviceguide.org.uk/
http://www.shelter.org.uk/0 -
Don't stop paying the rent. You owe it, and can be pursued for it, and it won't put you in a very good position if you stop paying it.
You can go to court and try to plead your a case to stay in the property (as long as you are paying the rent due) on the date specified.
But if the court decides the best way for the lender to get their money back is to sell the property, you will be evicted - but perhaps the court might give you a little longer to find somewhere else if you ask them (and you are paying the rent)
The court will only refuse the lender possession if it believes it could get more money from you as a paying tenant than it could by granting possession with a view to selling the property.
Note: this only usually buys a bit of time since the mortgage company makes money out of lending, not by becoming Landlords on properties it has lent money on but is not being repaid for.
You need to seek advice on who the rent should be paid to - the existing LL who could end up spending it on beer, or perhaps direct to the lender."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
CAB and Shelter are the best places for advice.
First action is to phone the lender and inform them that you are living there. Ask if the landlord had consent to lease. Prepare to go to court and tell the judge that you are living there and have been paying your rent.
Worst case is that a judge grants possession tot the lender and you have 14 (?) days to leave. Best case is that judge suspends repossession order and you continue with tenancy.
Somewhere in the middle comes you remaining there until the end of your AST, I wouldn't rely on being able to remain beyond the end of your AST.
Stopping paying the rent puts you in breach of the AST. It may be that the lender repossesses and instructs you to pay them the rent until your AST ends. Presumably your deposit was protected through one of the government schemes.
Ok, I have rung the solictor, told them he doesn't live here, he hinted at it, being a loan and mortage on house being owed. AST, I assume you mean a tenanacy agreement? Well, I moved in here feb 06, signed up for 6 months and have never signed another since!! So how can I be in breach? And what abt my deposit? I doubt I will see that again. Shelter I have dealt with before, it will be day of eviction and a hostel, I am waiting on a group called "Star" based here in Leicester to ring me back, advice would be the same as Shelter I guess.
Sorry, no I am not with any deposit protection scheme.0 -
I see what you are all saying abt paying the rent, but I seriously doubt I will see my deposit, and I will needing that, to find anywhere else, as it will be a hostel!0
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Oh dear, looks like you have an old tenancy agreement not required to be covered by the scheme.....Well, I moved in here feb 06, signed up for 6 months and have never signed another since!! ...
Sorry, no I am not with any deposit protection scheme.
If the LL doesn't offer up your deposit when you leave, then your only option to recover it would be through a small claims court. You need to assess the chances of recovering it even if you do win your case, before you spend any money trying.
If you need a deposit to place on a new property, contact Shelter or CAB who can give advise on how you may obtain that deposit if you can't afford to pay it yourself which is understandable in the situation."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Whatever you do not stop paying your rent!! If you need to go to the council for housing then that will go against you - they will find you Intentionally Homeless despite the fact that the property is due for repossession.Christians Against Poverty - www.capuk.org0
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Oh dear, looks like you have an old tenancy agreement not required to be covered by the scheme..
If the LL doesn't offer up your deposit when you leave, then your only option to recover it would be through a small claims court. You need to assess the chances of recovering it even if you do win your case, before you spend any money trying.
If you need a deposit to place on a new property, contact Shelter or CAB who can give advise on how you may obtain that deposit if you can't afford to pay it yourself which is understandable in the situation.
Yes oh dear!:o What I was thinking, and yes I could be very wrong, if I was to give LL 2 months notice, the deposit went to his father, who was dealing with the house at first, then I just don't pay rent for the last 2 months, then move out? The father already said he would keep deposit as rent!!(this was when I moved in) Yes, I know he's not allowed too.0 -
Before you make any decisions why don't you speak to your local council's homelessness advisor/housing officer and explain the situation to them - that way you will find out if it will go against you regarding holding back 2 months rent in lieu of the initial deposit?Christians Against Poverty - www.capuk.org0
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mumoftwins wrote: »Before you make any decisions why don't you speak to your local council's homelessness advisor/housing officer and explain the situation to them - that way you will find out if it will go against you regarding holding back 2 months rent in lieu of the initial deposit?
Ok, I will thanks, am waiting on someone ringing me today, from this Star group, which deals with tenants etc......0
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