Landlord repossession

brightonman123

i dont thnk ll could enforce payment of rent, if he is in default with own lender? mybe separate contracts, but if he has no proper title..?

old_boy_57

Thank you all for your advice. LL is not replying to letters, phone is no longer available and he is not chasing me for payment. Sending the rent by cheque is an option but I do not believe it will get to LL and I will still be evicted. Lender refuses to talk to me as contract is with owner. I think LL has a residential mortgage. Deposit was not scheme registered.

silvercar - Thanks for your quick reply.

Generali - Thank you. This is the route I will probably take.

lynzpower - Thank you. I have been looking but prices seem to be rising in my area. Thanks for the 'Property-Bee' info.

Premier - If I walked into a shop for food to survive and nobody was there to take my money, then they should have locked the shop or been at the till. That always annoys me when shop assistants ignore me while I'm waiting to pay. I've not done it yet but next time I will walk out and see if that gets their attention.

Roger

silvercar

The added problem with not paying rent is that you risk the council considering you intentionally homeless if you apply for urgent council accommodation. Even if the landlord was repossessed the council can and do consider that you contributedd to your own homelessness by not paying the rent.

There is a long thread by mumoftwins on the debt board where she was evicted, primarily because the landlord was selling the property. The council classified her as intentionally homeless for not paying the rent, even though she proved that the property was already on the market at the time she was evicted and that the landlord first served notice on her in order to sell up.

Premier_2

tbs624 wrote: »

That may depend on the wording of the Tenancy Agreement.

S7(6)(a) has to be read in conjunction with S7(6) (b), so AFIAA those Grounds can only be used when :

"(b) the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise)."

It has a BTL mortgage.

To obtain a BTL mortgage, the borrower is usually required to submit a sample ASTA to the lender. That is one of the terms the lender specifically looks for in the sample submitted.

barnaby-bear

old_boy_57 wrote: »

Thank you all for your advice. LL is not replying to letters, phone is no longer available and he is not chasing me for payment. Sending the rent by cheque is an option but I do not believe it will get to LL and I will still be evicted. Lender refuses to talk to me as contract is with owner. I think LL has a residential mortgage. Deposit was not scheme registered.

silvercar - Thanks for your quick reply.

Generali - Thank you. This is the route I will probably take.

lynzpower - Thank you. I have been looking but prices seem to be rising in my area. Thanks for the 'Property-Bee' info.

Premier - If I walked into a shop for food to survive and nobody was there to take my money, then they should have locked the shop or been at the till. That always annoys me when shop assistants ignore me while I'm waiting to pay. I've not done it yet but next time I will walk out and see if that gets their attention.

Roger

If LL not replying to letters - you have serious grounds to doubt the address on the AST is valid and servable - the LL legally obliged to suply such a UK address and without it rent is not liable... google for rights to know LLs address. This could be a factor to mitigate putting the rent aside until the address it confirmed. Send a letter recorded delivery asking for confirmation as your other letters not responded to:
http://www.landlordzone.co.uk/landlord's_address.htm
Ask for address under
Section 48 Landlord and Tenant Act 1987 - requires that the tenant must be given an address in England where notices can be served on the landlord ? the address does not have to be that of the landlord. Rent is not lawfully due until this is complied with.
Resonable grounds for delaying rent payment given you have doubts as to the current address and hopefully if they don't reply you have a legal leg for not paying rent.

In event of repo, even on a BTL mortgage the mortgage co. can repossess and not honour the tenure - the contract with the LL - usually they will but you have no contract with them and they none with you.

barnaby-bear

silvercar wrote: »

The added problem with not paying rent is that you risk the council considering you intentionally homeless if you apply for urgent council accommodation. Even if the landlord was repossessed the council can and do consider that you contributedd to your own homelessness by not paying the rent.

There is a long thread by mumoftwins on the debt board where she was evicted, primarily because the landlord was selling the property. The council classified her as intentionally homeless for not paying the rent, even though she proved that the property was already on the market at the time she was evicted and that the landlord first served notice on her in order to sell up.

But she had no grounds for believing the AST may be dubious and not honoured and had claimed Housing Benefit for the rent and spent it on other stuff. Putting the money aside when it was unclear if the LL address was unservable and if the AST was fraudulant (i.e. LL not in a position to honour AST tenure).

barnaby-bear

Microstar wrote: »

That's not the case where the lender has authorised the letting (BTL mortgage or some other form of authorisation).

The tenant still has no *rights* to notice/stay what they usually have is that the lender will honour the minimum notice as an example of common decency. The tenant has no rights to appeal or take part in the repo. hearings or timescale decisions either. I think this is going to become worryingly more common.

melmo71

I am in a similar situation. I rent via an agency but have had mail delivered to my address from the mortgage company to my landlord about their arrears (opened in error at the weekend and I'm not worried sick). I only moved in in July! It looks very bleak from the answers above. If I am evicted and my rent is still with the agency can I claim it back? I'm pretty sure my bond is with an independent scheme, how quickly can I get it back? Will I get it back in time to use it on a new property?

Premier_2

melmo71 wrote: »

I am in a similar situation. I rent via an agency but have had mail delivered to my address from the mortgage company to my landlord about their arrears (opened in error at the weekend and I'm not worried sick). I only moved in in July! It looks very bleak from the answers above. If I am evicted and my rent is still with the agency can I claim it back? I'm pretty sure my bond is with an independent scheme, how quickly can I get it back? Will I get it back in time to use it on a new property?

You cannot get the rent back for the period you've spent at the property.

You will receive notification if the matter is to go to court - the lender will write to you and address it as "the occupier" at your address. You should then seek legal advice as to whether to continue to pay the rent, and to whom.

If your deposit is protected as it should be, then most schemes take at least 14 days after the tenancy ends before the deposit is refunded.

What I would say is that your situation may be very different to that of the OP.
If you are paying rent in full and on time, and that rent is more than the LL is required to pay the lender monthly, then there is a strong chance you will be allowed to stay in the property. The lender may make an application in the future to have the rent paid directly to them so as to ensure the loan repayments are made.

Don't worry unduly unless the lender contacts you about an application to repossess the property

Incisor

Premier wrote: »

Is that like walking out of a shop with goods/items without attempting to pay for them is ok as long as you have the money in your pocket to pay for them when you get stopped by the store security/police? :rolleyes:

No, it is like walking out of a shop with both the goods and the money in your hand, ready to pay the money if you are allowed to leave with the goods, but fully expecting the goods to be taken from your hands regardless of whether the money was paid at the till or will be paid at the door.