Bailiffs looking for Landlord

partysis81

Hi, i hope someone might have some knowledge on this matter.
My sister in law has just moved into a rented house, theyve been there about 3 - 4 weeks, and in this short space of time, she has had bailiffs at the door about 4 times, asking for the owner of the house.

The man they are asking for is the actual owner of the house, as they were given his name by the letting agency when they moved. It looks like he has applied for loads of credit, giving that address, then not paying.

Obviously this has been scary for my sister in law as they have turned up during the day when her husband is at work and shes there with 3 young kids.

Surely there is something that the letting agency can do? They must have a new address for him so they know where to send his rent every month etc?

How can this be resolved, my sister in law now wants to move again as this address is now obviously blacklisted and she'll never be able to get her own credit from that house. Luckily, they only signed a 3 month lease to begin with.

Thanks

lynzpower

This isnt true. its the person thats blacklisted not the address. She shouldnt have any problems getting credit.

I would however, be worried that hes not able to pay the mortgage, so she'll do well to make sure she finds somewhere else to go.

m_13

Debt is associated with a person not an address so your sister isn't blacklisted. If the address were blacklisted then these people would be asking her to pay the debts not looking for the person they belong to!

I'm sure this is frightening but she needs to firmly tell them she is renting and refer them to the agency.

However, this may be a sign that the landlord doesn't have permission to rent the property out and is pretending to live there. If he or she is in debt then there is risk the property will be repossessed and your sister made homeless.

She needs to write to the letting agent and make sure that they know what is going on and ask them to confirm in writing that the landlord has permission to rent out the house. You can also download a copy of the title for the property from the Land Registry for around £3 and see if the landlord is listed as living at the property himself and probably who the lender is.

A three month AST is very unusual as the landlord cannot gain possession of the property under s.21 until six months have elapsed. Are you certain that is what she signed up for?

lynzpower

I was also thinking 3 months sounded not 100% legal

partysis81

hi, thanks so far for the advice, im sure she said it was 3 months, i will have to check with her.

Geenie

I would also tell the LA's a thing or two. How dare they send baliffs to a property that they know is being rented out and the LL doesn't live there! :mad:

I would make it clear to them the distress and fear your SIL, bing there with 3 young children has been under, and that the tenancy agreement, which I am sure includes peacful enjoyment of the place is not being granted, due to their behaviour! Check the AST for obligations on all sides, including LL and LA's, and don't let your SIL be fobbed off if the other parties have failed in their duty.

And then tell her to start looking elsewhere, as this place is a no goer.

MX5huggy

I would also tell the LA's a thing or two. How dare they send baliffs to a property that they know is being rented out and the LL doesn't live there! :mad:

I think we can be sure the LA has not sent the baliffs as they are the only people who know the LL does not live there.

You have a leagal right to know your LL address 14 days I think. Some one will be along to say how you go about getting it. Then just pass this on to the baliffs.

poppysarah

I'd check with the letting agent that the landlord has permission to rent.
AND give any future bailiffs the LA address so they can go and confirm you rent and that the landlord is elsewhere.

silvercar

I think you need to find out whether these baliffs are chasing unsecured debts like credit card bills/ car loans or whether they are from the mortgage lender. If they are the mortgage lender (which I find unlikely purely becuase they wouldn't send baliffs until after a repossession hearing) then you seriously need to find out if the lender has consent to let and hassle the letting agent.

It is more likely that the landlord used to live in the property and moved out to get some rental income to help pay his debts. Debt collectors and baliffs are very slow at updating addresses, often because they don't believe that people have moved away and are just deflecting attention. If this is the case there is little you can do other than prove to the baliffs that you are the tenant.

Difficult to tell whether this is a landlord dealing with his debts by renting out his property or whether he has serious problems which could impact on the tenancy.