Rented flat being repossessed

howlinmad

I came home after a weekend away to find a letter addressed to the occupier which I opened (as I am the occupier) which stated that a date had been set for the repossession hearing for the flat which I let. This came completely out of the blue and I am still a bit shocked now. It would be great if you could help answer a few questions for me:

• How can I find out if the landlord has a buy to let mortgage or the mortgage provider gave permission to let the flat?
• Can I/should I go to the hearing? (I understand some hearings are closed court)
• If I can’t, how can I find out the judgement? (So I can get a bit of advance warning of when bailiffs are allowed to act on behalf of the bank)
• Similar to Q3, if the judge favours with the bank, what is likely to happen (i.e. am I going to come home one day and find the locks changed?)
• The hearing date is in the middle of the month and as I pay rent on the 1st of the month (in advance), should I say that I am only willing to pay up to the date of the hearing and settle the rest depending on the outcome of the hearing?
• If I am evicted without the required notice, can I take the landlord to court for breach of contract?

Thanks

poppysarah

Ring shelter. Now.
Number on their website

m_13

Hello. What a shock! Are you in England, Wales, Ireland or Scotland? I think the rules differ as to what you need to do. Do you rent through an agent? If so, they should be your first call as they should be helping you to sort this out.

• How can I find out if the landlord has a buy to let mortgage or the mortgage provider gave permission to let the flat?

You can buy a copy of the land registry entry for the flat for around £3.00. This will tell you the address of the owner - which should be different from the flat - and the name of the lender. Who is the letter from?

• Can I/should I go to the hearing? (I understand some hearings are closed court)

I don't think you should get involved but you should let the lender know you exist by sending them a copy of the your tenancy agreement.

• If I can’t, how can I find out the judgement? (So I can get a bit of advance warning of when bailiffs are allowed to act on behalf of the bank)

I'm not sure about this but the lender needs to know you exist.

• Similar to Q3, if the judge favours with the bank, what is likely to happen (i.e. am I going to come home one day and find the locks changed?)

I believe in Scotland the lender becomes your landlord. I'm not sure elsewhere in the UK.

• The hearing date is in the middle of the month and as I pay rent on the 1st of the month (in advance), should I say that I am only willing to pay up to the date of the hearing and settle the rest depending on the outcome of the hearing?

I wouldn't make any offers. It's entirely possible that the landlord sells the flat with you as the tenant and the repossession won't go ahead.

• If I am evicted without the required notice, can I take the landlord to court for breach of contract?

I think a mortgagee in possession has the right to override contracts. I'd get in touch with Shelter for your area after you've spoken to the agent (if you have one) and find out what you need to do. http://www.shelter.org.uk/

silvercar

I agree with m_13 except for the last point.

If the property is repossessed and if you are evicted, the landlord has breached your tenancy agreement. So you can take action in court against the landlord. The problem is that a landlord without enough money to keep up with a mortgage is unlikely to have free cash. So even with a court judgement in your favour you are unlikely to get any money.

If you don't pay the full rent on the 1st of the month, you will be in breach of your tenancy agreement. Difficult decision whether to pay or not.

m_13

Shelter say that in England:

Most tenants are in a weak position if their landlord's lender wants to repossess the property. But you may have some protection from eviction if your tenancy is binding on the landlord's lender. If not, you will have to look at other options.

In most cases, the lender's right to repossess the property overrides the tenants' right to live there. If you think that repossession by your landlord's lender is a possibility you should get advice immediately. Use our directory to find an adviser in your area, call our helpline or get advice by email.

Most tenancies are not binding on the lender. If you are in this situation and your home is being repossessed,you must take action as soon as you are aware of the repossession.
You may be able to do the following:

• Persuade the lender to take over as landlord and/or to give you more time.
• Ask the court to suspend or set aside the warrant for possession to allow you time to find alternative accommodation. An adviser can help if you need to do this.
• Use publicity, as local and national media may be interested to hear about tenants who are the innocent victims of repossession. Publicity may encourage the lender to allow you to stay on.
• Seek compensation from the landlord. The court can award damages for loss of the tenancy and/or for storage and emergency accommodation costs. The court cannot reinstate you in the property. You should also bear in mind that if your landlord has lost the property due to mortgage arrears, there may not be any money left after the mortgage has been repaid.

Once the lender gets a possession order you will have no right to stay in the property and the lender may change the locks. You should however, be allowed access by the bailiffs so that you can collect your belongings.