Need some help/advice

bevan840

There have been rumours for the last few months that our landlord is going bankrupt, they had calmed down but they have now started up again, with someone actually asking if we had had visitors (collection agency etc) we havent. I work Mon - Fri and DH works similar hours if he is not on tour (he is a long distance coach driver) so if there have been any visitors they have come while we are out.

We have a rent book, but despite constantly asking have never received a contract.

What rights do we have if he does go bankrupt??

I have heard and read stories about this happening to other people and the tenants have lost all of they're possessions which were inside the house/flat owned by the bankrupt landlord.

Any help/advice would be greatly appreciated!!

theartfullodger

Are you in a self-contained property (flat, house) or do you rent a room?

Suggest you go see CaB or Shelter urgently...
http://www.citizensadvice.org.uk/
http://england.shelter.org.uk/

Unfortunately if as you say he can't even managed a tenancy agreement/contract he may well have screwed up elsewhere...

See also
http://forums.moneysavingexpert.com/showthread.html?t=1107475

Do you know if there is a mortgage on the place you rent? That has quiet an influence on what happens...

Cheers & Good luck!


Lodger

bevan840

I think there is a mortgage on the house, does that make a difference?

theartfullodger

Bevan:

Assuming your a renting a whole house (not just a room/couple of rooms) and are in England (I note you appear to be in Sunderland... hey, good result on't footy... ) (Can you confirm these both please )

Then it's a bit tricky, sorry to be bearer of bad news. There are moves to change the law & some mortgage lenders are being more sensible BUT the situation can be very difficult see in particular...
http://england.shelter.org.uk/get_advice/eviction/repossession_by_a_landlords_lender

and specifically..
http://england.shelter.org.uk/get_advice/repossession/going_to_court/what_the_court_can_do

Do you rent through a Letting agency?? Maybe they know who the lender is - or do any other envelopes to the owner have the name of the lender (Bank, building society) or them?? If possible try & contact them & make sure they know you live there, are paying rent, are prepared to pay them rent.



But, go see CaB or Shelter URGENTLY I humbly suggest...


Sorry, good luck

Lodger

bevan840

Thank you lodger for your suggestions, will definitely keep them in mind. We do have a whole house And we are in Sunderland (although I am from Cornwall so don't really follow Sunderland)

The reason we got the house was because DH used to work for the bloke who owns it, we didn't have any money for a deposit and we wanted to move in once we got married, but we were prepared to wait until we had found a deposit. The boss mentioned that he had a house which he was trying to sell but it wasn't selling so offered it to us to rent, with no need for a deposit.
The rumour came from someone who works in same place as boss, who then told DH, DH told me etc etc I told DH to go and talk to the LL ASAP!! (He lives across the road from us) which he did and he came back with good news, it is just a 'rumour' and if that or anything similar was to happen he says he will tell us as soon as he knows so that we have enough time to find elsewhere.
Feeling a lot less stressed now thank you for your advice, if it ever does happen I will remember these places, hopefully it wont happen but will definitely be trying to set aside a little money (where I will find it I have no idea!) just in case.
Thank you again

Trollfever

You may like to do a £3 download from the Land Registry to see if your property has several charges registered against it.

Fire_Fox

The fact that you don't have a tenancy agreement makes me worried that this tenancy is not above board - perhaps the mortgage company doesn't know you are renting the house? Is your deposit lodged in an appropriate scheme?

bevan840

We didn't have the deposit Fire Fox, that was the reason my DH's ex boss offered us the house as he knew we were struggling to find the money for a deposit to live together. (DH now works for someone else)

I will look into that Trollfever, thank you.

tbs624

bevan840 wrote: »

We have a rent book, but despite constantly asking have never received a contract....

If the LL accepts rent from you then you have a valid tenancy which, by default, will be an Assured Shorthold Tenancy. Do your pay your rent weekly or monthly? Your rent book should state some basic terms - does it?

Does this property have a gas safety certificate, given that it sounds like the LL may not be declaring this rental?

bevan840

We pay rent weekly, on a friday (if they are in!) in arrears. It does have some basic terms in and I have filled in the boxes which needed filling in, Name and Address of LL, Address of Property etc

I have the gas certificate from the person (certified Gas man) who checked it just after we moved in. (Arranged by LL's partner)

theartfullodger

Bevan (? Any connection with Nye Bevan, that excellent gentleman??)

This
http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies
gives circumstances when you have an AST (sounds like you do) & what rights you have...

Quite likely your Landlord doesn't realise... If you are threatened (after telling LL you "know your rights") with eviction or harassed just call the Police...

Cheers & Good Luck!

Lodger