Landlord Repossession Help!

lisajay

I'm looking for some advice.

We're renting through an agency and they arranged the tenancy with the owner of the property. We've been here since February 2008 and have had no problems at all.

However, just after Christmas, we received a notice from the owners bank that they were starting repossession proceedings. It is due to go to court next week, so I'd imagine we'll be given 28 days to vacate should they grant the repossession back to the bank.

What we are confused about and could do with some information about is that we have some outstanding rent arrears to be paid but who do we pay them to (and should we have to pay anything since we've been put in this position)

The owner of the property who is named on the notice from the bank is different to the name that is on our tenancy agreement from the agency.

The agency knew nothing about this person existing until she turned up in their office, they believed as we did that the person who approached them was the owner!!

Any help or advice would be appreciated before we go to Citizens Advice. Thank You

Robert_Sterling_3

How did the rent arrears arise?
Why did you stop paying the rent in full?

clutton_2

if you think you will have difficulties finding somewhere else to live so quickly, then you can go to the court and tell them that you are a tenant living there - the Lender/Court may not know you live there - they Could give you a little extra time.

barnaby-bear

clutton wrote: »

if you think you will have difficulties finding somewhere else to live so quickly, then you can go to the court and tell them that you are a tenant living there - the Lender/Court may not know you live there - they Could give you a little extra time.

The court are not allowed to consider the tenant as they are considering the case between LL and mortgage company. The mortgage company do have the discretion to allow you time. There is no 28 days automatically etc. It can be instant so do not assume you will have this grace but contact the lender ASAP to appeal to their discretion. Personally I think this type of letting without consent, is effectively fraud and should be treated as a criminal offence on the LLs part.

lisajay

Robert_Sterling wrote: »

How did the rent arrears arise?
Why did you stop paying the rent in full?

there are 2 months of rent arrears that we have agreed to re-pay. they were caused by banking issues.

we've not yet stopped paying rent in full but wanted to know where we stand as the owner of the property is not the person we have the tenancy agreement with.

we're curious to know whether the tenancy agreement is in fact null and void as the person we have the agreement with doesn't actually own the property.

lisajay

clutton wrote: »

if you think you will have difficulties finding somewhere else to live so quickly, then you can go to the court and tell them that you are a tenant living there - the Lender/Court may not know you live there - they Could give you a little extra time.

We aren't too worried as our rental agency have found us alternative accommodation already. We are due to move at the end of this month!

silvercar

Letting without the lender's consent is a bit different from letting a property you don't even own!

lisajay

silvercar wrote: »

Letting without the lender's consent is a bit different from letting a property you don't even own!

exactly. from what I can gather they were a couple at the time of purchase (not married) but have since split. its just the technical detail that our tenancy agreement is with him and not her!

I have no knowledge of what they agreed privately.

2912pwil

Can you get in touch with the "original" Landlord and see what he says?? I'd be inclined to think that if he didn't actually own the property the tenancy is fraudulent - & in the circumstances I'd be inclined to talk to the Police...

Speak to Citizens Advice QUICK and get some serious help..

If the "original" Landlord wasn't the owner (? what does Land Registry say about who has title... ) the there'd be a case that the Agency was negligent and you might have a case against them for ??

Wow, what a mess - you have my sincere sympathy..

poppysarah

I'd get an appt at the CAB or ring shelter for advice quickly.

Ignite

I would contact the lender and the courts ASAP to let them know that you are a tennant in the property. As your letting agents have found you somewhere to move to it's not too bad, however you need to make sure that you are given time to move out before the property is reposessed.