landlord £12,000 in arrears in mortgage

tbs624

mummyof5 wrote: »

thanks barnaby bear i was getting a bit lost in all the legal jargon there !!
so can anyone translate what this actually means to me?
when i say i'll be back to this later , it is because i am at work - NOT lighting the touchpaper and leaving , as someone suggested !!
i'll be back tomorrow night after college ,
thanks all x

mummyof5 - get yourself some appropriate*local* advice. Shelter can put you in touch with someone as can Community Legal Advice on 0845 345 4 345. Your local council has a private sector rentals officer -s/he will be busy and the phone constantly engaged but persist. The bottom line is that you will have to find a new home - what you need to establish is whether the council will be able to help you with temporary accommodation, if you want/need them to (and as I said before if that is the case you need to stay put until you are actually evicted or they will declare that you are not in fact homeless) or you need to get in touch with the local LL association and find out which other private LLs let to those who are in receipt of LHA/HB.

You need to check whether your tenancy deposit is actually scheme- registered: you can do that yourself see here. Get confirmation from them in writing. If your LL has not protected your deposit then you need to issue a claim against him for its recovery.

Unfortunately , if he is about to lose everything you may not get it paid back so you ought to specifically ask a local qualified/experienced adviser whether you should retain some of your final rent payment in lieu. I wouldn't normally suggest that Ts do not pay their rent but in these circumstances you do need to be able to safeguard the equivalent of your deposit if you are able to. This has to be balanced against the fact that you do not want to be deemed to have rent arrears.

Your Council may be able to help with offering another LL a Bond guarantee instead of an actual cash deposit: basically they guarantee to cover any damage etc caused during the T and if they have to pay out to the L, then the Council pursues the T.

franklee

barnaby-bear wrote: »

I think she's on HB so only paying topup which won't make up a deposit and the HB aren't paying the LL as they have no up to date details....

Can she apply to get the HB paid directly to her, if so worth doing.

scousethife

theartfullodger wrote: »

Your daughter obviously opened the letter by mistake or the sheets inside slipped out & she couldn't help noticing the subject/details. A very understandable issue and clearly she wasn't "interfering with the mail".


Lodger

No one knows anyone who has been done, for opening other peoples mail, its one of them old wives tails.

I rang my solicitor about some mail I opened about my previous owner and she went on about it being illegal etc etc.........

I said how many cases has you company persued about opening other peoples mail, or other companies you know?

After a substantial pause, she said "so what was in the letter?"

tbs624

franklee wrote: »

Can she apply to get the HB paid directly to her, if so worth doing.

Not if the rent's not lawfully due on this property but if she moves to a new one it will be LHA, not HB, so will be paid direct to the T unless there are very specific reasons for it not to be.

tbs624

scousethife wrote: »

its one of them old wives tails....

Old wives have those? :eek:

theartfullodger

Here's an old wife, Stephanie Appleby, and her conviction for interfering...

http://www.burtonmail.co.uk/burtonmail-news/displayarticle.asp?id=404456

Cheers!

Lodger

silvercar

With 5 children, no savings and losing her home through no fault of her own I would have thought that the council would have an obligation to rehouse.

It may be temporary accommodation initially, but you would at least get a secure tenure eventually, which would then give you some stability.

Apologies if I jumped to wrong conclusions earlier on in the thread.

romanempire

theartfullodger wrote: »

Here's an old wife, Stephanie Appleby, and her conviction for interfering...{deleted link}

Cheers!

Lodger

Straight up theft by a postperson. Happens a lot according to someone I know who worked as a postie for a while.

More relevant to the discussion - from the Postal Services Act 2000:
127. Section 84(1) provides for it to be an offence if persons intentionally delay or open postal packets without reasonable excuse. It amalgamates the content of offences previously included in the Post Office Act 1953.
128. Subsection (3) makes it an offence for a person, intending to act to a person's detriment and without reasonable excuse, to open a postal packet which he knows or suspects has been incorrectly delivered to him.


I think the key words are "without reasonable excuse", which most people would think you have.

Paul

[Deleted User]

thank you all so much for your replies
i now have more of an idea of what is going to happen
i think it is a matter of just waiting for the eviction notice really
funny thing is if i hadn't started work i'd have still been on housing benefit and probably none the wiser
scary thought !
thanks again

PROFESSIONAL_LANDLORD

tbs624 wrote: »

CarolT started a thread on this topic this morning.

Do you think that it has helped much in Scotland where LLs and LAs have to be registered?

Absentee LLs are more accountable since this act was introduced. They can be traced more easily .

https://www.landlordregistrationscotland.gov.uk