Renting - Reposseion threat

Premier_2

andyscott1978 wrote: »

... I have also advised them I will pay my montly rent now in fortnightly payments till they guarantee that I will not be evicted...

Where did that come from? Not the same housing officer I hope! :eek:

Rent is due in full on the specified day. Don't stop paying without taking independant legal advice. By not paying in full on time, you could seriously jeopardise your position further.

andyscott1978

Premier wrote: »

Where did that come from? Not the same housing officer I hope! :eek:

Rent is due in full on the specified day. Don't stop paying without taking independant legal advice. By not paying in full on time, you could seriously jeopardise your position further.

That was my idea, Im so sick of the estate agent not returning any of my calls or helping in anyway I want to force their hand to contact me and at least try and help, I just want a yes it looks like you will be out, yes its passed onto the other mortgage company, or no his bills were settled. Kensington Mortgage company wont say if they have been granted the repossesion order, the court wont tell me nothing (housing officer said dont go court just ring them up after also shelter said the same). Im sick of the LA's as any problem I have she just says will try ring the lanlord a week and half later of chasing it she says not been in contact with him yet and does not even have the decency of phoning me up to keep me updated

It's also a shame the LL is not respectible enough just to inform us of the ongoing situation.

andyscott1978

Update.

Spoke to the court yesterday to try get them to confirm a letter with the result would be sent out, Spoke to a different lady then normal, Who actually told me the Landlord lost his case and a letter went out to him end of last week.

I spoke to the mortgage company they still cant discuss it with me.

Estate agent still saying it will be all right saying the mortgage company will prob just take over and the EA will still take rent of me and they will pay Mortgage Company.

If say I don’t want anything to do with my estate agent no more, Will someone else taking over the property invalidate the tenancy?

At the moment I’m no better off I am still in the dark as to what is happening guess I could expect a letter from the bailiffs at any time from what ive been reading?

silvercar

Tenancy agreement stands between you and the landlord. The lender could take over the tenancy and could, as owner, accept payments from you or instruct you to pay the agency.

If the lender evicts you, then your landlord has breached the tenancy agreement and you could have a claim against him. Only worth pursuing if he has money.

andyscott1978

silvercar wrote: »

Tenancy agreement stands between you and the landlord. The lender could take over the tenancy and could, as owner, accept payments from you or instruct you to pay the agency.

If the lender evicts you, then your landlord has breached the tenancy agreement and you could have a claim against him. Only worth pursuing if he has money.

I take it the tennancy is null and void if its possesed then so I could choose to move out with the estate agent kicking up a fuss?

silvercar

Depends whether the lender acknowledges your right to be there. If they do, then the tenancy can still apply, if they don't then their interest overrides the tenancy so you can be evicted. It isn't null and void, its just that the landlord has failed to honour it by not providing "quiet enjoyment" of the property.

I don't know whether you can move out if you aren't evicted, without the agreement of the owner (either the landlord or the lender).

landlordzone.co.uk/forums may have advice.

andyscott1978

Just to post a outcome on this thread
Everything went quiet on the repossesion threat, No one told us anything or could help further, Legal company and his mortgage company said due to data protection they could not say anything

Approx month ago we got a letter from the mortgage company asking us if we had any info on where LL was then the next day this was followed by a official baliffs letter saying we had three weeks to move out.

My TA was of no help about offering advice on getting my bond back, they just kept claiming they needed a inspection doing (why should I clean if been evicted for we already had enought to do in finding a new home). They did tell us not to pay rent as it would only have been a couple of weeks untill we moved out. I still am trying to find out about my bond at the moment (have just started a thread about this).

Am very dissapointed in the UK laws and how no one official could offer advice and help.
Help on here and the radio four show I was on all received with great thanks.

SouthCoast

Thanks for the update.
Support Shelter and lobby your MP.

The law is to be changed to protect private tenants who face sudden homelessness when their landlord is repossessed. Shelter has welcomed the news, but warned that there must be no delay in introducing this protection.

http://england.shelter.org.uk/news/may_2009/tenant_help_must_come_soon