Possible repossession

FROSTYFRECKLE

Hi all looking for info. My friend lives in a small development all owned by two brothers, she started renting a lovely house in January of this year. The other neighbours in the development have started receiving letters about a "notice of intent" to repossess the properties. Court dates are next month. Mortgage arrears on the properties vary between £2000 and over £5000. My friend has as yet to receive a letter so does not have full facts. What is the likely outcome - I am guessing repossession and tenants will be evicted? Can anyone enlightened me? Properties are in Scotland. Forgot to add friend has been trying to get hold of landlord but has not been called back which is unusual. Mortgages on properties are with Mortgage Express - just Googled Mortgage Express and they are connected with B&B and are not taking on new business. Does not look good, does it?

GDB2222

How long is your friend's lease for?

Is the deposit held with one of the deposit guarantee schemes?

Is it possible to tell from the Mortgage Express letters whether these are B2L mortgages?

Mortgage Express did a lot of B2L mortgages. The general rule with those is that, if the lenders were on notice of the tenancies, the tenants cannot be kicked out straight away but only at the end of the tenancy. However, the position is still very difficult for the tenants, and I would advise moving ASAP without becoming in default of the lease.

Premier_2

Sorry, but a BTL mortgage doesn't usually protect tenants at all.

The lender can usually bring the tenancy to an end apply for possession under Schedule 2, Ground 2 of the Housing Act 1988.

I think you should have received notice of this prior to having signed the TA. It's often combined with the notice about Ground 1 too.
If you didn't receive notice, then the tenancy was probably given in breach of the mortgage loan agreement and then the lender may take the view that they didn't authorise the tenancy agreement in the first place.

FROSTYFRECKLE

Thanks for getting back with info so quickly, definately does not look good. Meeting my friend next week for a meal and to offer sympathy so will pass on the advice. I suspect the landlords did not protect the deposits by placing them in a scheme, I think my friend paid just under £1000 for the deposit. Unfortunately I suspect this is happening to many people the length and breadth of the UK. Would never live in a private rented property myself as I do not feel there is any security (my work involves visiting residential lets - seen way TOO MUCH)

Just been reading some of the other threads and unfortunately my friend is not alone in facing the prospect of losing her home.

Premier_2

Regarding the deposit protection, the tenant should have received written details within 14 days and could have started taking action at that point to force the issue.

Sadly I think you are probably correct. Most tenants don't seem to bother enforcing their legal rights until there's a real problem and then it could be too late for the legislation to help them. The legislation was devised to protect the money before a problem arose.

tbs624

GDB2222 wrote: »

.....Is the deposit held with one of the deposit guarantee schemes? ..

and

Premier wrote: »

Regarding the deposit protection, the tenant should have received written details within 14 days and could have started taking action at that point to force the issue.

Sadly I think you are probably correct. Most tenants don't seem to bother enforcing their legal rights until there's a real problem and then it could be too late for the legislation to help them. The legislation was devised to protect the money before a problem arose.

Sorry guys - can be useful info in some circumstances but if you check back you'll see:

FROSTYFRECKLE wrote: »

... My friend lives in a small development all owned by two brothers, she started renting a lovely house in January of this year. ....... Properties are in Scotland. ........

My highlighting - frostyfreckle the tenancy deposit laws only apply in England and Wales.

Premier wrote: »

.... The lender can usually bring the tenancy to an end apply for possession under Schedule 2, Ground 2 of the Housing Act 1988.

In Scotland its Schedule 5, Ground 2 of the Housing (Scotland) Act 1988.

There is some info at Shelter that may help - see here

Also, your friend should check with the local council whether the LLs are registered, as required to be under Scottish law. No registration=no rent.