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Landlord not paid mortgage, our house is being repossessed! HELP!

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ruby_sparkles
ruby_sparkles Posts: 14 Forumite
in House buying, renting & selling
Okay this is the situation;

6 months ago we rented out flat through an estate agent on a one year lease, we've had several problems since renting the flat, mainly damp and after about 3 months of mitering the landlord a builder came out and fitted a fan, which hasn't actually done much good.

Anyway, last week we received a letter at our house addressed to the landlord, well we just put it to one side not thinking anything of it. 2 days later a bailiff turned up at the property asking to speak to Rodney (the landlord) anyway after about half n hour of trying to explain to him that we rented the place and the landlord didn't live at the address the bailiff handed me a copy of the letter which we'd received to days previous which was from the bank saying he hadn't been paying the mortgage and the bank was going for repossession of the property!

I've tried to get hold of the landlord and nothing! I don't know what to do. Should we keep paying rent? I don't want to default and risk loosing my deposit (which is held in some government thing) Can anyone give me some advice.

I spoke to the bank (bank of ireland) where he has the mortgage is held and they told me that if they get the repossession we will have 30 days to move out. The landlord has taken the mortgage as though he lives at the property and they have said they don't have to honor our tenancy, is this true?!

I'm bloody stressed!! Can anyone give me some advice please!!!

Thanks,
Ruby
When things seem there very bleakest it takes someone truly remarkable to stand up and face the day head on and then to get up the next day and carry on.
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Comments

  • barnaby-bear
    barnaby-bear Posts: 4,142 Forumite
    ruby_sparkles wrote: »
    Okay this is the situation;

    6 months ago we rented out flat through an estate agent on a one year lease, we've had several problems since renting the flat, mainly damp and after about 3 months of mitering the landlord a builder came out and fitted a fan, which hasn't actually done much good.

    Anyway, last week we received a letter at our house addressed to the landlord, well we just put it to one side not thinking anything of it. 2 days later a bailiff turned up at the property asking to speak to Rodney (the landlord) anyway after about half n hour of trying to explain to him that we rented the place and the landlord didn't live at the address the bailiff handed me a copy of the letter which we'd received to days previous which was from the bank saying he hadn't been paying the mortgage and the bank was going for repossession of the property!

    I've tried to get hold of the landlord and nothing! I don't know what to do. Should we keep paying rent? I don't want to default and risk loosing my deposit (which is held in some government thing) Can anyone give me some advice.

    I spoke to the bank (bank of ireland) where he has the mortgage is held and they told me that if they get the repossession we will have 30 days to move out. The landlord has taken the mortgage as though he lives at the property and they have said they don't have to honor our tenancy, is this true?!

    I'm bloody stressed!! Can anyone give me some advice please!!!

    Thanks,
    Ruby
    http://rentalrights.org.uk/category/landlord-repossession/

    Unfortunately yes - make sure you have deposit scheme details.

    Do not pay rent far in advance (you have to be two months in arrears anyway for the LL to get possession within the fixed term) just pay a week at a time.

    Contact shelter for proper advice.

    Start looking elsewhere.

    Technically you can pursue LL for breach of contract and moving costs via small claims court, and will probably win but if he has no other assets it might be a waste of fees.

    The impeding eviction will bump up your social housing/housing association priority so if that's an option you've ever wanted to explore it might be possible to turn something out of a bad situation.

    Personally I think letting without consent like this should be a criminal offence.
  • ruby_sparkles
    ruby_sparkles Posts: 14 Forumite
    We pay rent one month in advance and are due to pay for the next month on the 26th, do you think we should cancel the standing order?

    I've been to citizens advice and they said I should stop payments, I'm just worried about the repercussions.

    Thanks you for your advice Barnaby-bear :)
    When things seem there very bleakest it takes someone truly remarkable to stand up and face the day head on and then to get up the next day and carry on.
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    I'd cancel it. Who would you be paying it to? A landlord who's not declared he's renting his home, or a letting agent who's not checked his landlords are allowed to rent the house.

    Listen to the CAB.
    Find somewhere else to move to. Ask about council housing.
  • barnaby-bear
    barnaby-bear Posts: 4,142 Forumite
    ruby_sparkles wrote: »
    We pay rent one month in advance and are due to pay for the next month on the 26th, do you think we should cancel the standing order?

    I've been to citizens advice and they said I should stop payments, I'm just worried about the repercussions.

    Thanks you for your advice Barnaby-bear :)

    A LL can only claim possession within the fixed term on a section 8, which requires 2 months arrears (which the tenant can stop by paying off so under the two months the day before the court hearing). Personally I think the CAB advice sounds good and they will have more knowledge than I do, I'd save it in a ring fenced account towards the moving costs. Send the LL a registered letter saying when you have evidence mortgage up to date he can have the rent, all good evidence. You are only in this position because of his dishonest behaviour.
  • barnaby-bear
    barnaby-bear Posts: 4,142 Forumite
    ruby_sparkles wrote: »
    Okay this is the situation;

    6 months ago we rented out flat through an estate agent on a one year lease, we've had several problems since renting the flat, mainly damp and after about 3 months of mitering the landlord a builder came out and fitted a fan, which hasn't actually done much good.

    Anyway, last week we received a letter at our house addressed to the landlord, well we just put it to one side not thinking anything of it. 2 days later a bailiff turned up at the property asking to speak to Rodney (the landlord) anyway after about half n hour of trying to explain to him that we rented the place and the landlord didn't live at the address the bailiff handed me a copy of the letter which we'd received to days previous which was from the bank saying he hadn't been paying the mortgage and the bank was going for repossession of the property!

    I've tried to get hold of the landlord and nothing! I don't know what to do. Should we keep paying rent? I don't want to default and risk loosing my deposit (which is held in some government thing) Can anyone give me some advice.

    I spoke to the bank (bank of ireland) where he has the mortgage is held and they told me that if they get the repossession we will have 30 days to move out. The landlord has taken the mortgage as though he lives at the property and they have said they don't have to honor our tenancy, is this true?!

    I'm bloody stressed!! Can anyone give me some advice please!!!

    Thanks,
    Ruby

    Shop him for not declaring the rental income tax,
    http://www.taxevasionhotline.co.uk/
    they have a lot more energy for pursuing assets if he has any, for a long time. It'll make you feel a bit better.... ;) Karma and all that - bit of hassle poking around his dodgy finances...
  • ruby_sparkles
    ruby_sparkles Posts: 14 Forumite
    Funnily enough when I was constantly ringing him to sort out the damp he did say to me once he was due in court the next day, and we know he has quite a few properties, thinking about it now I"m wondering if he's had other properties repossessed.

    Also good thinking batman! I'll get onto the case about that now, I didn't think of that! :)
    When things seem there very bleakest it takes someone truly remarkable to stand up and face the day head on and then to get up the next day and carry on.
  • Bronnie
    Bronnie Posts: 4,169 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Are you sure he has registered your deposit with the DPS? You should have some paperwork and a Deposit ID number.
    If not, you can take action against him to recover your deposit.
  • Millburn_farm
    Millburn_farm Posts: 123 Forumite
    As a landlord I'd advise you to stop the DD for the rent; I'd also send a recorded delivery letter stating why; to him and any letting agency or solicitors you know of

    I watched in horror a piece on the BBC a couple of weeks ago about rented property being repossed, with NO warning to the tenants who were "happily" and regualrly paying the rent, to LL's who weren't paying the mortgage; if you've the balliffs at the door your LL has been pocketing the rent for a wee while and deserves no thought; you will be evicted saddly
  • themanbearpig
    themanbearpig Posts: 481 Forumite
    Part of the Furniture Combo Breaker
    Inform HMRC, as I suspect he hasn't been paying tax either.
    scumbag.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    the OP needs to focus their attention on finding a new place right now, not seeing vengeance - that mayu come later.

    i would go to the letting agent immediately and ask for a new place as a matter of urgency - they have a duty of care to you - as you have paid them for a home and you are now being deprived of it thru no fault of your own
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