Repossession in Scotland... after Notice of Ejection

iscrimger

Okay guys, I'm in private rented accommodation but the word 'Repossession' has been a huge part of my life for over a year now. But that's not for now.

Repossession in Scotland is what I'm looking for advice on. My last flat was being repossessed on 13th Feb (Notice of Ejection stated the 13th Feb). The letting agent got this extended until the end of our lease in June - but the Solicitor acting for the Lender got in contact with me to obtain our tenancy. The solicitor served us 2 months notice as per our tenancy agreement - we were to leave by or on the 29th May.

She instructed us to return the keys to the letting agent. We left the property on the 8th May. What happens next is what I want to know about as I know intend to buy the property. She wouldn't tell me where it would be sold but told me it was the lenders intension to seek vacant possession as soon as possible to sell the property.

I'm assuming that such possession wouldn't be possible until at least the 25th May. I'm then guessing the Notice of Ejection would have to be served again. That seems to take about 5 weeks. Possession would probably have taken place a few weeks ago and with the survey the property will not appear on the market until around the end of July beginning of August.

There have been people appearing to be living in the flat since. This has slightly annoyed me having had to go to great expense to move when I couldn't afford to.

After the Notice of Ejection has been sent I understand the owner cannot appeal to save the property, the property also hasn't been sold as I've checked the land register. So what could possibly be happening?

Mrs_Bumble

Don't know if you will any info here that might help?

http://scotland.shelter.org.uk/getadvice

iscrimger

Thanks, I used the site during repossession but it's drawn a blank on this. It deals with the matter until the possession but not what can happen after it's been repossessed.

Mrs_Bumble

Have you tried speaking to an adviser? Or do you have access to a free legal helpline via any buildings and contents insurance you might have? Sorry it wasn't more helpful!

iscrimger

I'm not sure what I'd be asking an adviser, I'm merely looking for anyone who might have an idea of what's going on having been through similar. I was just the tenant and not the home owner.

Once the notice of ejection has been served it's too late for the owner to appeal to save the property - or so I thought. If anyone understands differently it would be of help. I just find it very strange that people seemed to be in the property not long after I left when it was due to be repossessed and sold - it obviously hasn't been sold. (I've also placed a request with Land Registry for information on the property and it's current owner).

crunchiechix

Hi iscrimger,

do you know who the lender is? I work for a mortgage company and know that we are open to requests from tennants in buy to let properties that have been taken into possession, to continue to live in property (though usually only until end of lease) and have the rent collected by an appointed receiver (quite often the company appointed as asset manager). After all it is better for the lender to receive some sort of income on the property than nothing at all. May be worth a shot.

iscrimger

The lender is Birmingham Midshires, part of the HBOS group.

The letting agency dealt with keeping us in the property which was agreed until 25th June, the solicitor from Irwin Mitchell requested our tenancy which could have us evicted with 2 months notice as we had passed our minimum 6 month term. So they did evict us around the 29th I think the date was but we left on the 8th.

I have no idea how much of our rent was being paid to the lender from the date the arrangement was created. We were paying £750 a month for the property and I have no doubt the agency were taking their cut before passing it on to the lender.

I have now left that property - the solicitor for Irwin Mitchell told us it was the lenders intention to seek vacant possession and sell the property as soon as possible. It now appears this hasn't happened because it looks as if the property has been let out again. I can see furniture through the windows and the blinds in the property are often changed to the time of day as if someone is living there. This is all a tad frustrating because at the moment it seems they have evicted us only to put someone else in there!

I'm just curious to know if the owner could stop the repossession after the Notice of Ejection was issued and what the lenders intentions may now be. Holiday lets are quite common in the area and I have a horrible feeling they have decided to let it out as a holiday let.