Help needed - rented House being repossessed

Worriedrenter_2

Hello, please can anyone help?

I started renting a house on a six month tenancy on in November 08, and then its just a month to month tenancy.

I have recieved through the post a 'Notice of Commencement of Possession Proceedings' and I don't know where I stand. I rent through a letting agency and they are closed until Tuesday so I'm really worried.

Will I still have to give one months notice?
Will the house be reposssessed on the Court date in June?
Whats happens to my bond?
Where do I stand as a tenant?

Any help would be great

Thanks
Worried Renter

clutton_2

you do not have to give any notice if they are seeking possession

you should try to attend the court hearing - as if the lender is repossessing the house because your landlord has not paid his mortgage the lender may not know you are living there. The court is just one very small room, with you - the lender's representative and a wig-less judge.

IF the judge awards possession on this date in june he will probably give you an extra 28 days.

if your deposit was lodged with a Deposit protectoin service then as long as you are up to date with your rent adn the house is in good order you should apply for it to be returned to you

have you got into arrears with your rent or anything like that ?

i would start to look for somewhere else to live very quickly tho - as these things can take time.

try not to worry too much

do you have children ? if so you could apply to the council for emergency accommodation (as long as you have not been evicted for arrears of rent) as a last resort

tbs624

See this advice page from housing charity Shelter:

http://england.shelter.org.uk/get_advice/eviction/repossession_by_a_landlords_lender.

Due to pressure from Shelter, Crisis, Citizens Advice and the Chartered Inst of Housing the Government has been forced to make some move towards addressing the problems caused for tenants when their home gets repossessed by the LL's lender . From a March 09 Guradian article:

A spokesman for the Department of Communities and Local Government said the government was determined to protect tenants.
"From 6 April, tenants will get the maximum possible notice of possession proceedings that may affect their home, meaning that, rather than two weeks at present, they will get nearly two months to make alternative arrangements," he said. "We are looking to see what more help we can provide for tenants, be that legislation or influencing lender behaviour. In the first instance, it is vital that landlords struggling with their payments contact their lender." (My emboldening)

As Clutton says, unfortunately you will need to start looking for somewhere new: try contacting the local LL association for names & nos. of LLs who self-manage their properties, as they are unlikely to charge the admin fees etc that LAs do.

Is your deposit scheme registered (Eng/Wales only)? - if you are not sure then check here (get written confirmation from the scheme providers either way).

If your deposit has not been registered and you have a rent payment date coming up you may like to ask an experienced LL&T adviser at a local law centre or CAB for guidance on whether that final rent payment should be made. Although you can pursue your LL to court for the return of the deposit, if he is in such a financial state that he is not meeting his mortgage repayments then you would be unlikely to get a pay out of your claim, even if you got a CCJ against him.

SouthCoast

Shelter, as above.

Advice from CAB on Tenancy Deposits:

http://www.adviceguide.org.uk/index/h_tenancy_deposits.pdf

silvercar

Let the lender know that you are a tenant in the property. They may not be aware of your existence!

Worriedrenter_2

Thanks for all your replies.

No I'm not in any arrears and the house is fine as well. Don't think the lender knows we are in the property as it says 'The defendants are believed to reside at *My Address*'

Yes got kids and am really worried. We sold our home because we couldnt afford the mortgage and now this has happened. I dont know where I'm going to get the money for a new bond/removal company etc...... ggggrrrrr

My Rent is paid monthly in advance and is due on the 15th. Do I have to pay the full month or should I start paying it weekly until we have moved out?

I know I'll find a place but its difficult when you have a pet, me and my wife both work but havent got a decent credit history (everything being sorted now) so I'm really angry with the Landlord for letting it get to this stage.

tbs624

Worriedrenter wrote: »

....My Rent is paid monthly in advance and is due on the 15th. Do I have to pay the full month or should I start paying it weekly until we have moved out?...

You are legally obliged to pay your rent as per the terms of your contract, however, if you are in Eng/Wales the LL is also legally obliged to (a) scheme register your tenancy deposit/bond and (b) pay it back to you. If there is any doubt that he will be in a financial position to do that then you have to protect yourself/your finances - hence why I said above:

If your deposit has not been registered and you have a rent payment date coming up you may like to ask an experienced LL&T adviser at a local law centre or CAB for guidance on whether that final rent payment should be made.

anotherpaul_2

Worriedrenter wrote: »

I'm really angry with the Landlord for letting it get to this stage.

Unfortuntately, by the time it gets to this point, most LLs will have decided that they've lost the house, and are no longer interested in it. And they can't give you fore-warning that it might happen, becuase you might move out, leaving them in a position where they will definitely lose the property rather than probably or maybe lose it.

Good luck!