Tenant in a flat about to be repossessed?!

retrocircles

silvercar wrote: »

It would have made little difference if the lender had given consent to let or had a BTL mortgage. With only a 6 month contract, the lender would have given you notice to quit, if not in time for February, then in March or April.

It was a 6 month contract with a view to go onto a rolling contract. The LL has no intention of making them leave. They are only leaving through choice! The LL is happy to not pay the mortgage & let them live there, taking their rent. This is only happening because the papers for repossession have been served.

retrocircles

The LL did not turn up as arranged at 9am. He has been avoiding all phone calls from my sister AND the estate agent.

The estate agent has been very blase about the situation. They were saying to give the LL a chance to rectify the situation?! Rectify the apartment being repossessed???!!!

Anyhow, they can confirm the deposit is in mydeposits.co.uk but both parties have to sign to release the funds. If the LL is an idiot, which he is, he may not sign it for release?!

CAB were not helpful today & Shelter have been engaged literally all day.

BitterAndTwisted

As your sister's rental agreement appears to expire before the court hearing I would withhold the next rent-payment and kiss the deposit goodbye. Messing about trying to get the deposit back while the landlord is going through repossession proceedings will be a nightmare. BUT if the letting agents have the deposit, rather than lodging it in one of the mandatory protection schemes she might get it back from them. No landlord who is repossessed is going to care about what state the property is in only for the lenders to take possession immediately

She needs to line up a new rental asap, perhaps going through the same letting-agent as they have already ripped her off/charged her for credit-checks etcetera already

MissMoneypenny

BitterAndTwisted wrote: »

She needs to line up a new rental asap, perhaps going through the same letting-agent as they have already ripped her off/charged her for credit-checks etcetera already

Do NOT use the same estate agents as they are one of the bad ones. Use an estate agent that can show you that the landlord has consent to let and can has evidence that the landlord is up to date with their mortgage payments.

franklee

Background information:

http://england.shelter.org.uk/get_advice/repossession/repossession_by_a_landlords_lender

http://forums.moneysavingexpert.com/showthread.html?t=1377883

chappers

Personally I wouldn't waste your time and effort worrying or trying to sort this tenancy concentrate your efforts on finding somewhere else to live at the begining of March and move on.

Fire_Fox

retrocircles wrote: »

I do understand that, it's just annoying since she made the decision on the grounds that she would be in this property until she purchased. She didn't intend on moving at all in the near future.

Again, I know that's the case. But it's not her fault she's having to move. She doesn't want to move, yet she is being forced to through no fault of her own. She didn't expect to move, hence has no savings for a deposit as she did when moving out initially. If she knew this was 'coming' she could have made provision for another deposit of £1000 potentially to be needed.

This doesn't add up: how on earth could your sister guarantee to be in the flat until she purchased when she has zero savings after five months? She would need 10% deposit PLUS legal and removal fees PLUS at least three months mortgage payments (illness/ injury/ pregnancy/ redundancy). In the mean time the landlord might die, go bankrupt, fall ill, get made redundant, the flat might become uninhabitable ... To take on a pet when you have no 'rainy day' savings is rather irresponsible.

BitterAndTwisted

"She didn't intend on moving at all in the near future" Harsh, Fire Fox! I know squirrels can get a lot salted away in five months but this person did not anticipate having to move so soon.

Fire_Fox

BitterAndTwisted wrote: »

"She didn't intend on moving at all in the near future" Harsh, Fire Fox! I know squirrels can get a lot salted away in five months but this person did not anticipate having to move so soon.

According to the OP the sister could have saved but did not, instead she got a cat. It's not reasonable to moan that you thought you were going to remain in situ until you bought your own place, but then not bother to save in the first flush of enthusiasm.

retrocircles wrote: »

Again, I know that's the case. But it's not her fault she's having to move. She doesn't want to move, yet she is being forced to through no fault of her own. She didn't expect to move, hence has no savings for a deposit as she did when moving out initially. If she knew this was 'coming' she could have made provision for another deposit of £1000 potentially to be needed.

eco-friendly_2

According to the OP the sister could have saved but did not, instead she got a cat

Pfttt,, some people huh!





Sorry FF couldn't resist it.