Tenant - just received repossession letter HELP!

hesjane

Hi all

I am seeking guidance and advice if possible.

My son has been renting a flat, arranged through an estate agent, for the last 5 months. Out of the blue he received a letter from Court today notifying that the property is to be repossessed on 6th May. He contacted the landlord who advised him the court has made a mistake (well he would say that wouldn't he!). He contacted the agents who advised him to get a letter from the landlord stating it was a mistake. I told him a letter from his landlord is not worth the paper it would be written on.

He then went into the agency office and they contacted the court office who spoke to my son and advised the claim wasn't against him but against the landlord (he knew that already) and they couldn't advise the amount owing but could confirm the repossession order exists and is set for 6th May. The also advised the landlord could make payment up to the date of the repossession and therefore avoid repossession. They also advised that they did not think that he was permitted to let the property (which sounds to me as though he doesn't have a buy to let mortgage).

The agency have told him there is nothing to worry about and they will try to contact the landlord...who is not answering the phone at the moment.

My son, his partner and their baby are now in limbo - the agency have told him he can give notice to leave if he wants but he has to give two months notice. It appears that his options are to wait and hope that he isn't evicted on 6th May. He can't afford to lose his deposit by just moving somewhere else.

Can anyone advise if there is anything he can do please?

Britwife

I would advise to start looking around for a different house. He only has to give a months notice, doesn't matter what the agency tell him.

Ignite

Is he signed up to a 6 or a 12 month AST? The reason for asking is that you mention that he's been there for 5 months. If it's a 6 month AST, then he can just move out at the end of the period as it's a 6 month contract. Also, if after 6 months it's turning into a periodic tenancy, then there is a 1 month notice period not a 2 month notice period. This is enshrined in law and the agency is not allowed to overide this.

In any case, I would look at moving out asap. If the property is repossessed, then there is a case for breach of contract against the landlord.

Ok, last of all, does he have contents insurance? If so, get him to check if it has legal cover. If so, get him to call it ASAP.

Oh, and look on the Shelter website. There should be some info there.

hesjane

Ignite wrote: »

Is he signed up to a 6 or a 12 month AST? The reason for asking is that you mention that he's been there for 5 months. If it's a 6 month AST, then he can just move out at the end of the period as it's a 6 month contract. Also, if after 6 months it's turning into a periodic tenancy, then there is a 1 month notice period not a 2 month notice period. This is enshrined in law and the agency is not allowed to overide this.

In any case, I would look at moving out asap. If the property is repossessed, then there is a case for breach of contract against the landlord.

Ok, last of all, does he have contents insurance? If so, get him to check if it has legal cover. If so, get him to call it ASAP.

Oh, and look on the Shelter website. There should be some info there.

I have just confirmed with him that he is signed up to a 12 month agreement, which states minimum 2 months notice must be given.

He does have contents insurance and is going to phone them and check re. legal cover (he thinks he has it).

The agency have phoned him and said they have spoken to the landlord who has assured them it is an error and they feel inclined to believe him:mad:

Oh and I checked with the land registry and it appears that he does have a buy to let mortgage as the owners registered address is different to that of the flat.

Many thanks to both Britwife and Ignite for taking the time to read and reply.:beer:

N79

hesjane wrote: »

I have just confirmed with him that he is signed up to a 12 month agreement, which states minimum 2 months notice must be given.

He does have contents insurance and is going to phone them and check re. legal cover (he thinks he has it).

The agency have phoned him and said they have spoken to the landlord who has assured them it is an error and they feel inclined to believe him:mad:

Get the LL to confirm in writing that it is an error and demand an explaination / reassurance from the mortgage company. This seems like an unlikely error! Also get written confirmation of the mortgage type.

hesjane wrote: »

Oh and I checked with the land registry and it appears that he does have a buy to let mortgage as the owners registered address is different to that of the flat.

I don't want to alarm you but that is not necessarily the case as it is possible to register any address with the land register irrespective of the type of mortgage.

Ignite

I would be more inclined to believe the courts than a landlord. He is probably trying to bury his head in the sand. If there is a court order for repossession, then it will happen, and the landlord can say anything he wants to but that will not change things. Does the mortgage company know your son is a tennant? Probably not. Don't rely on the the LL or the agents, contact the courts and mortgage company yourselves. If you have the details from the land registry, this should show who the mortgage is held with.

Oh, contact the local council housing department. There is a very very slim chance that they might be able to help him.

tyllwyd

I found this article, which seems to say that he is entitled to stay until the end of his AST even if the house is repossessed.
http://www.moneywise.co.uk/property-ladder/first-time-buyers/article/2008/10/30/what-rights-do-renters-have-against-repossessio

Fire_Fox

As already stated by law a tenant only has to give ONE months notice, any unfair or unenforceable clause in the tenancy agreement cannot override that. The months notice must coincide with a rent period, if you are not sure when that is tell us the dates that the AST start and finish.

Having said that your son cannot serve notice to quit whilst he is in the fixed term, is there a break clause? It would be worth writing to the landlord and asking him to confirm that there is no arrears and that the lender has given consent to lease. I would also contact the court/ lender informing them that there is a tenant in situ.

If the lender has given consent to lease/ BTL mortgage then lender will honour the tenancy agreement if the repossession goes ahead so your son is secure. If there is no consent to lease/ BTL mortgage the lender may or may not recognise the tenancy. Your son CANNOT use this as an excuse to get out of the AST, so he needs to keep in touch with all relevant parties not simply move out and stop paying.

hesjane

Ignite wrote: »

I would be more inclined to believe the courts than a landlord. He is probably trying to bury his head in the sand. If there is a court order for repossession, then it will happen, and the landlord can say anything he wants to but that will not change things. Does the mortgage company know your son is a tennant? Probably not. Don't rely on the the LL or the agents, contact the courts and mortgage company yourselves. If you have the details from the land registry, this should show who the mortgage is held with.

Oh, contact the local council housing department. There is a very very slim chance that they might be able to help him.

As I mentioned in the first post - he has spoken to the Court office and they have confirmed the repossession order is in place. I don't think he will have much luck talking to the mortgage company because of data protection rules but he is going to try.

Thank you for the suggestion, but he is not intending to contact the local housing department. They have friends with young babies and they have been either housed in small, squashed temporary accomodation or are still on the waiting list and living with parents. My son and his partner have been saving for a mortgage and have no debts so their only commitments are the rent and associated housing costs, together with their vehicle costs.They have more than enough to pay for a mortgage they just need to bump the savings up to get a sufficient deposit...but they are well on their way with this now. They have nothing against council accomodation but believes that their are far needier people the council should help than them.

hesjane

tyllwyd wrote: »

I found this article, which seems to say that he is entitled to stay until the end of his AST even if the house is repossessed.
http://www.moneywise.co.uk/property-ladder/first-time-buyers/article/2008/10/30/what-rights-do-renters-have-against-repossessio

Thank you - I will pass this on - looks very useful.:beer:

Fire_Fox wrote: »

As already stated by law a tenant only has to give ONE months notice, any unfair or unenforceable clause in the tenancy agreement cannot override that. The months notice must coincide with a rent period, if you are not sure when that is tell us the dates that the AST start and finish.

Having said that your son cannot serve notice to quit whilst he is in the fixed term, is there a break clause? It would be worth writing to the landlord and asking him to confirm that there is no arrears and that the lender has given consent to lease. I would also contact the court/ lender informing them that there is a tenant in situ.

If the lender has given consent to lease/ BTL mortgage then lender will honour the tenancy agreement if the repossession goes ahead so your son is secure. If there is no consent to lease/ BTL mortgage the lender may or may not recognise the tenancy. Your son CANNOT use this as an excuse to get out of the AST, so he needs to keep in touch with all relevant parties not simply move out and stop paying.

Thank you for this invaluable advice. He is going to write to the landlord tonight and copy in the estate agency that he pays his rent through. The basis of the letter will be to ask for confirmation that there are no mortgage arrears on the property and also for confirmation that the lender has given consent for him to rent the property out.

He is also going to write to the lender (and copy in the court) informing them that he has an AST on that property.

He has no intention of just moving out. He has a large deposit on hold with the agency which he can't afford to lose.

Jowo_2

The Shelter website has information for tenants whose properties are being repossessed by the lender, including the difference in how they are treated due to whether or not the landlord had permission to let.

Nothing that the landlord or agent says can be believed or trusted - check out the legal process as described by Shelter to get a thorough understanding of his rights (or lack of) and his options.