Advice on what to do?! Landlord court date for mortgage arrears

BitterAndTwisted

They might have to. Hardly any local authorities have any spare, unoccupied properties at their disposal. Even with children you might find yourselves quite low on the list of priorities.

In your position, I would start looking for alternative, private lets asap

carolt

spongerob500 wrote: »

I have spoke to the mortgage lenders, I explained my situation. I then spoke the court, i have sent the original letter back along with a letter of my situation.
I know not all LLs are bad, but I've lost faith because of my previous ones. Would they really put a family of 4 into a B&B?

It depends on your area and the pressure on local council housing.

If you post your area, someone with local knowledge may be able to advise better.

carolt

This may be of interest:

http://www.guardian.co.uk/money/2009/oct/25/tenants-landlords-references-renting-mortgages

Wary tenants change terms of reference on landlords

Renters run background checks on property owners

pinkshoes

spongerob500 wrote: »

I know not all LLs are bad, but I've lost faith because of my previous ones. Would they really put a family of 4 into a B&B?

The queue for a council house (particularly a "bigger" one) will no doubt be enormous, and houses don't just become available overnight, so it is likely that they could put you in a B&B, at least temporarily until something else becomes available.

The "something else" might then be something small (2 bedroom flat), or something in an undesirable area...

You just need to accept that you might not get exactly what you want, or perhaps any way near what you want!

I'd still try for private rental first. Ask questions like "why did the last tenants move out?", ask to see their consent to let, get it in writing what they do about repairs etc... (Also, if you DO need something repairing, you can always get some quotes yourself if the LL is being slow, then tell them to either get it repaired in 14 days, or you'll take the cheapest quote and get it repaired yourself, deducting the money from the rent...)

clutton_2

speal to your local council private sector housing officer - they keep lists of Accredited Landlords whose properties are up to standard and who have been vetted by the council - if you are about to be made homeless, there is also a homeless officer who may be able to help also

spongerob500

UPDATE: Spoke to Shelter, very useful. thanks for recommending. I have spoke to the solicitors for the mortgage company. We're unlawful tenants. What does this mean in terms of repossession and our current situation?

concerned43

Its probably unlawful because your LL has defaulted on her mortgage - I know its hard (I have been in your shoes) but instead of flogging a dead hourse - I would focus on getting your family new accomodation - put in a 'homeless application' with the council TODAY (they have a legal obligation to find you accomodation) the council should also have a rent deposit scheme - which means they will help you find a private let and they will pay the deposit. take action now and don't waste time and energy on your LL problems.

tbs624

concerned43 wrote: »

Its probably unlawful because your LL has defaulted on her mortgage...

No, "unlawful" because the LL will not have sought Consent to Let from the lender.

spongerob500 wrote: »

What does this mean in terms of repossession and our current situation?

It means that the lender does not have to recognise your tenancy. There are changes that have been proposed to help deal with these situations but it won't be in time to help you unfortunately - see here:

spongerob500 wrote: »

.. im starting to lose patience with the apparent lack of help from my letting agents and now the council.

Unfortunately, the LA is not "my LA" for a T - they act for the LL and their only concern will be the financial implications for them. Although there is no law requiring them to do so, they should have confirmed whether or not your LL actually had consent to let before taking the property on their books. (That said, anyone , absolutely anyone, can set up in business as a letting agent and many of them a woeful grip on the realities of property letting.)

Have you tried the local LL association for the contact info of professional/ experienced LLs who self-manage their properties?

As Clutton says, many Councils run accreditation schemes for private LLs and these are usually run in conjunction with the local LL Association.

How much longer was there left on your Fixed Term contract? Try to keep track of contact information for your LL and once you have managed to find somewhere new to live you may wish to pursue her through the small claims court for failing to meet the terms of the tenancy agreement.

jassco

carolt wrote: »

This may be of interest:

http://www.guardian.co.uk/money/2009/oct/25/tenants-landlords-references-renting-mortgages

Wary tenants change terms of reference on landlords

Renters run background checks on property owners

expanding on this, I've just left rented accommodation and the landlord was excellent, couldn't fault him in the slightest. If I was ever to go back into renting, I'd first of all try and contact him to see if he had anything, then failing that I'd only move into a property let by a landlord who had excellent references from his tenants. To the OP, I know you've lost faith in landlords, but there are some great ones out there, and you should endeavour to find them! As someone said on these forums before, a good landlord is worth their weight in gold.

spongerob500

Do you think I should stop paying my rent, with regards to the inevitability of the property being repossessed? We have till February next year till the contract ends.