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

clutton_2

""
Any connection between your rent arrears and the property being repossessed?""


mmmmmm ....... methinks there might be.....

silvercar

Funny how more information is revealed changes the story. So we start off with a tenant being turfed out because the landlord hasn't paid the mortgage. Implying the tenant is the victim here. Then the tenant admits to rent arrears and still wants his deposit returned. Ever thought that the reason that the landlord is being repossessed is directly because the landlord was relying on the rent to pay the mortgage?

The advice earlier about the councils obligations to you changes now more has been revealed. Once the council find you have rent arrears they will deem you intentionally homeless ie you are responsible for your eviction. The council will decide that they have no obligation to house you.. Glad you've found a private rental.

So I've moved...Waiting on the deposit being returned. I owed arrears on the rent previously. The LA have told me that they will not release the full deposit and will take the arrears from the deposit. Are they allowed to do this?Yes, its money you owed. I mean I've got to finish paying off the current LL deposit because he was kind enough and acknowledged our previous situation that was not our fault.So did you lie and say it wasn't your fault or did you say that you had rent arrears? Can a LA refuse to give out the full deposit if the tenant is in arrears? When we were in the property the LA said to pay as much back as you can, when you can. Why should this change because we're no longer living there....through no fault of our own. Wonder where the arrears will go??Possibly to pay the mortgage arrears and stave off repossession.

spongerob500

clutton wrote: »

""
even though the house has been repossessed? and we had no alternative to leave and get somewhere else.""

yes - you lived there, you had the benefit of a home - you should have paid rent while you lived there - when did you get into arrears and why ?

clutton wrote: »

""
Any connection between your rent arrears and the property being repossessed?""


mmmmmm ....... methinks there might be.....

silvercar wrote: »

Funny how more information is revealed changes the story. So we start off with a tenant being turfed out because the landlord hasn't paid the mortgage. Implying the tenant is the victim here. Then the tenant admits to rent arrears and still wants his deposit returned. Ever thought that the reason that the landlord is being repossessed is directly because the landlord was relying on the rent to pay the mortgage?

The advice earlier about the councils obligations to you changes now more has been revealed. Once the council find you have rent arrears they will deem you intentionally homeless ie you are responsible for your eviction. The council will decide that they have no obligation to house you.. Glad you've found a private rental.

We owe £300 in arrears, the Landlady owed over £4000 in mortgage arrears. Therefore, we were not responsible for the repossession and there is no connection. The changes only occured due to change of employment circumstances. The mortgage had not been paid for about 5 months. The property has been repossessed, the landlady did not even turn up for court. I can understand why you may be a bit sarcastic towards my explanation but as i've just said, our arrears are minor compared to the overall mortgage arrears.

silvercar

spongerob500 wrote: »

We owe £300 in arrears, the Landlady owed over £4000 in mortgage arrears. Therefore, we were not responsible for the repossession and there is no connection. The changes only occured due to change of employment circumstances. The mortgage had not been paid for about 5 months. The property has been repossessed, the landlady did not even turn up for court. I can understand why you may be a bit sarcastic towards my explanation but as i've just said, our arrears are minor compared to the overall mortgage arrears.

Apologies.

clutton_2

""We owe £300 in arrears, ""

but you are still hoping that someone here will agree with you that it is ok to walk away without paying these arrears......

franklee

clutton wrote: »

""We owe £300 in arrears, ""

but you are still hoping that someone here will agree with you that it is ok to walk away without paying these arrears......

Having to move due to the repossession is going to cost more than 300 pounds once you take the costs of van hire or removals, referencing and application fees etc. and that the utility bills and deposit all bunch up. I'd guess if it wasn't for having to move the 300 rent arrears could have been paid. I think landlords underestimate the cost and upheaval that moving brings and if a tenant hasn't got much in the way of savings then it's hard to juggle the money during this period.

Really a landlord who causes a tenant to move on unexpectedly is costing the tenant a fair bit, especially hard on a tenant who was promised a long term let, but that point is often overlooked.

In this case the landlord has caused a fixed term to be broken as the contract ends in February so I'd be wanting to make a claim for moving costs. I'd also understand any tenant who prioritised moving over paying of the 300 rent arrears when the property is about to get repossessed. Especially as in this case it seems the landlord didn't have consent to let and so the tenancy wasn't binding on the landlord's lender so the tenant doesn't have the usual protection from eviction. Finding out about a repossession by accidentally opening the landlord's mail and being booted out during the fixed term doesn't sound like correct notice to me!

franklee

theartfullodger wrote: »

Fair point, quite right1! Sue the b*****d then !!

Little chance of getting anything back from a LL living abroad who has had a repossession. Hence I'd be tempted to withhold rent (or not pay back the arrears). I know that's not technically right but neither is failing to get consent to let and failing to pay the mortgage.

spongerob500

franklee wrote: »

Little chance of getting anything back from a LL living abroad who has had a repossession. Hence I'd be tempted to withhold rent (or not pay back the arrears). I know that's not technically right but neither is failing to get consent to let and failing to pay the mortgage.

In the end we had to pay the arrears, else the LA would not release the deposit. Hopefully the end of a long and stressful few months. :j