Rented house is being repossessed, due to landload.

al_webster

# gf pays for the rent in the flat no bills etc.nothing wrong with her.

# landlord has not been paying the mortgage or council tax and the bailiffs are coming to repossess the house on Wednesday. she only found out by opening a letter which you couldn't see the name of who's it was.

where does this leave my gf as well as being homeless and *** off! can the bailiffs take anything not belonging to the owner of the house?

is it illegal to have a mortgage and renting it out, not under buy to rent? if she hadn't opened the letter she would of come back from work on wednesday and the house would of been repossessed!


thank you in advance,

Mini_Bear

This happened to my sister (the landlord did not have permission to let and defaulted on mortgage). Did your GF go thru a letting agent? If she did i suggest she contacts them re her deposit.
I also suggest your GF gets everything of high value out the property and into yours as quick as poss, so at least if the baliffs are let in they wont take her stuff.
It may be worth you paying £3 to go on Land registry website and see who the mortgage provider is on the property. Then write or call them telling them you are a tenant in the property and ask to be notified re the repossession dates. This will at least give you a little time.
My sisters letting agent advised her to stop paying rent as the landlord had not kept his side of the contract (AST) but its not plausible in all circumstances.
Can your girlf stay with you for a while, if not she should speak to the charity Shelter as this scenario is becoming more common.
Good luck OP i hope it all works out.

ajay_182

Tell her to not open her door or let anyone in, regardless of who they say they are or who has authorised them! Once she opens the door, a s**t storm may come thru!

poppysarah

She should ring shelter ASAP.
Tonight would be good.
Number on their website

I hope she has receipts for the council tax that she has paid him...

MissMoneypenny

al_webster wrote: »

is it illegal to have a mortgage and renting it out, not under buy to rent?

It could be fraud if the landlord took out a residential mortgage, knowing he would not be living in it, but would be renting it out. Landlords have gone to prison for that. You should advise the mortgage lender that there is a tenant in the property.

I agree with poppysarah about phoning Shelter urgently for advice.

Once she is settled in a new property, she could see if the landlord has any assets (his own home perhaps?) and then sue him. If the landlord has gone bankrupt, then she could look into suing the letting agent. If she has a house contents policy, then check to see if she has legal cover (sometimes called Family cover) as this should allow her to be given a specialist solicitor to act on her behalf.

The government are aware that some landlords don't have permission to let from their mortgage lender and that tenants can get thrown out because of this with little or no notice, but unfortunately they are doing nothing about stamping out these slum landlords.
Iain Wright MP, Parliamentary Under Secretary of State, Department for Communities and Local Government wrotein a letter dated 20 October 2008 "Where a tenant becomes homeless as a result of their landlords failure to keep up with mortgage payments, the local council should be able to assist in terms of providing temporary accommodation and assisting the tenant in their search for a new residence."
So this government are just passing the cost of these bad landlords onto the tax payers and ignoring the root cause.