Bailiff for Landlord and Eviction ?

notafan

Fire_Fox wrote: »

As I asked, does the landlord have consent to let? Have you told the bank who you are when they ring?

Everything about bailliffs here, this is Herbie21's site and recommended by the DFW board:
http://www.bailiffadviceonline.co.uk/bailiff_facts.htm

When you say do they have permission i may be missing the point but its not a buy to let and they lived here for a few years before.

The bank aren't interested that we are tenants, haven't tried to discuss anything with them as DPA i know they wont anyway but have offered letting agents address (as the lanlords address on the tenancy is the place we are renting) and they advised they couldn't take it to try and contact him through the letting agent and they didnt want it.

Fire_Fox

SouthCoast wrote: »

This is a Money Saving site and free advice is available from the debt charities.

I'm aware that you can pay for template letters and telephone support on Herbie's site, but the OP doesn't need that as he isn't in debt! This specialist site provides plenty of free reading material, and Herbie21 gives a lot of free advice (and occasionally access to the resources to those in dire straits) over on the DFW board.

The debt charities are overwhelmed at present, the OP just needs to appraise himself of his rights as far as levying on his goods, and to lean on the letting agent/ landlord to get this cleared up.

notafan

SouthCoast wrote: »

This is a Money Saving site and free advice is available from the debt charities.

Appreciate that SouthCoast but it'll be pretty dam expensive if i have the cost of replacing all my stuff . Plus the lost money of rent already paid if I'm evicted, it'll be a lot more then a saving from a voucher code!

Plus what a debt charity cant do is give me advice or the opinion or experience of people who have knowledge or experience of having a similar issue, especially at 11pm!

BitterAndTwisted

notafan wrote: »

Can the tax man force bankruptcy or repossession of the house also?

Her Majesty's collectors of taxes have greater powers than the police, so I wouldn't be surprised.

Fire_Fox

notafan wrote: »

When you say do they have permission i may be missing the point but its not a buy to let and they lived here for a few years before.

The bank aren't interested that we are tenants, haven't tried to discuss anything with them as DPA i know they wont anyway but have offered letting agents address (as the lanlords address on the tenancy is the place we are renting) and they advised they couldn't take it to try and contact him through the letting agent and they didnt want it.

The landlord either needs to be on a buy-to-let mortgage OR needs to have applied for (and been granted!) consent to let by his lender. A good letting agent will have asked the landlord for proof of this which is one of the reasons I have directed you to write to them by recorded delivery. As the bank is trying to contact the landlord via your landline I would suggest the landlord does not in fact have permission to let the property.

If the landlord does not have consent to let AND he gets repossessed, the lender may well not recognise your tenancy which means you can be asked to vacate at very short notice. If the landlord has consent to let then you will be given two months notice or your AST allowed to run whichever is the longer. If you think your tenancy will not be recognised I would start making plans to jump ship as you know as least that your deposit is safe.

notafan

thanks firefox

I wasn't aware they had to have permission, thats worrying. Whilst i don't think i have a dodgy letting agent that aren't the most efficient place on earth, i've chased up a copy of the AST over two months incase there was an issue still awaiting a copy, i'll keep chasing.

Worst case scenario if they don't have permission and it isnt regocnised what are we talking, days, weeks or months till out?

We are currently on a periodic one were we give one month to go or get two months - obviously if it is recognised.

I have to sit tight at the minute because wont have the money for deposit and bond for a new placed especially this side of christmas or immediately after.

Just trying to read up on bailiffs now. My immediate concern is if i come home and my stuffs gone or something.

This is stressful

BitterAndTwisted

Your stuff won't be gone when you get home IF you secure all doors and windows when leaving and do not let anyone into the property when you're there

Fire_Fox

Visit the letting agent ASAP and don't leave without a copy of your tenancy agreement, this should have been given to you when you signed or very soon afterwards! You need this to ensure you are not breaching any clauses (and perhaps to show to bailiffs). I would also insist that the LA phones or fax the bailiffs/ lender whilst you are in the office so that you are not subjected to any further harassment. Bet your landlord hasn't told the inland revenue he is an overseas landlord either - this also has potential implications for tenants (run a search on the boards, I don't fully understand this). If your letting agent is a member of an organisation such as ARLA they might be very interested to learn the LA is not checking up on consent to let and no doubt the missing TA ...

MissMoneypenny

Fire_Fox wrote: »

Bet your landlord hasn't told the inland revenue he is an overseas landlord either - this also has potential implications for tenants (run a search on the boards, I don't fully understand this).

franklee's post on the renting guide sticky, at the top of this board. Page 11 post 219
http://forums.moneysavingexpert.com/showthread.html?t=937335&page=11

notafan

Just another couple thing thats crossed my mind if anyone can help?

If the mortgage is in more then one name then why are the bank not getting/chasing the money from the guarentor or other named people?

Also if he went bankrupt and he didnt have permission do i get no notice at all?