Letter of court Proceedings: Rented house being repossessed!!

mumoftwins

aaroncaz wrote: »

Ok, I will thanks, am waiting on someone ringing me today, from this Star group, which deals with tenants etc......

Good luck with them then, but please, please be very careful about not paying any more rent it could land you in awful trouble!

silvercar

aaroncaz wrote: »

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.

AST does mean a tenacy agreement. If you signed for 6 months in Feb 2006, your tenancy is now periodic. If the lender did repossess they could (and would) perfectly legally give you 2 months notice to end on a rent day.

I was saying that stopping paying rent would put you in breach of your tenancy agreement. If the father had agreed that your deposit could be the last 2 months rent, I would try and speak to him and get that put in writing. I'm guessing your female, a few tears could go a long way.

Your date of deposit predate any requirement for protecting the deposit unfortunately.

I would say the writing is on the wall, even if the landlord gets the repo order suspended, you know there is trouble afoot, you know that a lender could give you 2 months notice, I would start looking for alternative accomodation now. If you find something suitable you are only required to give your landlord one months notice, to end on a rent day.

aaroncaz

Ok guys, well I have spoke to Star, who say the same as you, regarding the rent, then i spoke to housing options here i have to take an application form into them tomorrow, she said they try to house you before you are evicted, so hopefully............................... Thanks for all your advice.

BASSETT

I have a similar situation having been served a repo order, my ll is not a registered ll, plus I am not an authorised tenant, just found all this out, coupled with the fact she was in serious arrears before letting the property.
She told me that her rent from us does not cover her mortgage plus she has a secured loan on the house and she is in arrears for both the loan and the mortgage.
I ph Northern Rock who told me I had no rights now that she has been served repo order, ph cab who adv she is in breach of contract and I should rehome myself before I get evicted.
I am 9wks into a 6month ast and I will not be paying her another months rent and will hopefully be out of here shortly. It is not viable for NR to keep me as a tenant as it wouldn`t nearly cover the mortgage.
Doubt I will see my deposit either.

silvercar

my ll is not a registered ll, plus I am not an authorised tenant, just found all this out,

This doesn't really make sense, there is no obligation for a landlord to register with anyone. You are a tenant if you have a tenancy agreement.

The fact that the lender has not given permission to let (which I guess is what you mean) is a matter between the landlord and the lender. If you have an AST (tenancy agreement) and the property gets repossessed, you can take the landlord to court for breach of contract. Now if the landlord has no money you won't be able to get blood out of a stone, though you could give the landlord a CCJ.

If on the other hand the landlord has their own property, possibly with equity in it.....you may get something.

If your deposit was protected, you should get it back, if it wasn't protected you can take legal action (but read previous paragraphs).

SquatNow

Have you actually spoken to your landlord?

Worth checking as it might be complete !!!!-up.

Most likely it's not, but at least the landlord can tell you where you stand.

The landlord may also tell you if you're likely to get your deposit back.

BASSETT

silvercar wrote: »

This doesn't really make sense, there is no obligation for a landlord to register with anyone. You are a tenant if you have a tenancy agreement.

The fact that the lender has not given permission to let (which I guess is what you mean) is a matter between the landlord and the lender. If you have an AST (tenancy agreement) and the property gets repossessed, you can take the landlord to court for breach of contract. Now if the landlord has no money you won't be able to get blood out of a stone, though you could give the landlord a CCJ.

If on the other hand the landlord has their own property, possibly with equity in it.....you may get something.

If your deposit was protected, you should get it back, if it wasn't protected you can take legal action (but read previous paragraphs).

Silvercar thanks for that, she def has no money and bought the house last year so probably already in neg equity but taking her to court has cheered me up