Landlord gone into receivership

birduk

This may not be the first post about this kind of thing- but I cannot find anything in the search that is similar. I am wondering if you people might be able to offer some advice. I have spoken to Shelter about this and they have come to the same conclusion as I have, but I think I need a bit of reasurance!

My landlord has gone into receivership- a charge was put on our property as soon as they took over. This was last October. This week we have had letters informing us of this and letting us know that the recievers are our new landlords (which I am pretty sure they are not!). To that effect they will only carry out repairs that effect out health and safety. They want to continue collecting our rent (we are paid til the 21st March) and auction off our flat (going in on 30th March).

They have told us that we should let people round our flat to view it- I have told them I won't let that happen! If it sells apparently it will take 6 weeks for the new landlords to take over. Then they can give us two months notice. This I am really not sure about! I suspect my right to 'quiet enjoyment' of my property has been breached! We should also in that case get our deposit off of the person who buys the property (we moved in Dec 07 so not deposit protection scheme). I personally cannot see that happening. The receivers got a bit 4rsey when I said this!

I also told the recievers we will be looking for somewhere else to live. We have cancelled the direct debit to the landlord, but not set one up to the receivers. I told them I might pay the rent (which is less than the deposit).

My theory is not to pay next months rent and have them try and persue me for it (in which case I will counter-claim for the deposit). How long do they then give me for notice and how will this affect my credit record? The receivers do not have a copy of our tennancy agreement and have asked us how much per month we pay.

Oh what to do! I am looking for somewhere else to live ASAP, but just don't want to lose out financially!

silvercar

If the receivers have repossessed the home from your landlord then they are your new landlord. Provided they can prove this I don't see why you would want to deny this.

As for viewings and notice etc, check your contract. If they have taken over from the landlord then they have to abide by the contract. Although you are now in the situation where a move is on the cards, you are fortunate in that the receivers are acknowledging the tenancy (as they should) rather than attempting to evict you, as they could if your landlord didn't have consent to let.

Is your tenancy still in the fixed term period or is it now a periodic tenancy? If it is periodic the receivers could now give you notice to leave and sell as vacant possession.

As for your deposit, hopefully someone else can advise on that, though I wouldn't have expected the new owner to refund it. I am pretty sure you are obliged to pay the rent as in the original tenancy agreement.

If I was you I would find somewhere else to live, give your one months notice to end on a rent day, presuming your contract is periodic, and move out.

birduk

Thank you for the reply.

We are now in the periodic tenancy and they are saying they are going to sell it with us as sitting tenants- although like you say a move is on the cards ASAP. We have every right to our 'quiet enjoyment' and all those things on the original tenancy.

We are not trying to deny that we are tenants, we are just confused as they say they will do only things that affect our health and safety. They are selling the property on 30th March and won't give us our deposit back even if we give them the full one months notice. So we have to get it back from the buyer? Doesn't sound like a landlord to me. I guess the phrase is that they are 'acting as our landlord'. They aren't actually our landlord?

That is also on the proviso it gets sold on 30th March. I think we will just give our notice and move ASAP. I just don't like the feeling of all this. Paying our money into a hole and not having the mortgage paid. They can chase me for the last months rent the same as I can chase them for a deposit of bigger value!

birduk

P.S. That last paragraph- I am taking that piece of advice!