my rented flat is being repocessed....

franklee

Some background
http://england.shelter.org.uk/get_advice/eviction/repossession_by_a_landlords_lender

If you leave yourself then I'd suggest you serve notice in case the repossession is stopped after you commit to somewhere else.

Write back to the sender of the letter telling them you are the resident tenant.

As said above do attend the hearing and let them know you are the tenant and ask for time to move.

hermum

Go to the Council as they may have deposit bond schemes & be able to help you out with a loan towards rent in advance & deposit, or put you in touch with someone who runs a similar scheme.
Get your name on the housing register, there may be a chance you could get social housing.
Do you have any illnesses or anything that could deem you to be vulnerable?

myothercarisaferrari

thanks for all the advice. I have spoken to shelter this morning and have pretty much said the same as you guys, cancel my standing order and go to court.

I was in a similar position when I split up with my ex last year - no where else to go and no money to do it withh. I'll speak to the council on Tuesday to see if I can get help wth rent and deposit on a new place.

I got hold of the landlord this morning and he didnt sound worried or anything. He said he will pop round within the next hour to get a copy of the letter. Any questions I should ask him?

myothercarisaferrari

Hi all just thought I would give you an update.

Landlord still hasnt been round to get the letter, although he text on Wednesday to say the arrears have been paid so I dont need to worry.

I called the solitcitor and they couldnt tell me, understandably, due to the DPA. However they did advise me the court date still stands and I can attend, so I can find everything out (booked it off work).

I also spoke to the council and they could not offer me any accommodation - only a hostel where I couldnt take my dogs, but is also notorious for drunks and drug addicts. :-( they cannot offer me help with the bond either as I am not in receipt of any benefit.

What should I do? Wait for the court date and see if I can stay? I am wary of the landlord now, he has told me so much cack in the lat few weeks I dont feel I can trust him! x

bitsandpieces

It's technically late payment of rent, but I'd cancel any future rent payments until you know this has been resolved (i.e. after the court date). If your Landlord is going bankrupt, you're unlikely to get money out of them. Have you checked whether your deposit has been protected?

Speak to Shelter or CAB - see if they can help you to negotiate with the council. You could argue that helping with the costs of moving will work out cheaper than funding a hostel place in the medium-term, anyway.

If you have to do things yourself, though, things may not be as bad as you fear. If you walk away from this with a month or two of rent saved up (having cancelled rent payments) and your deposit, you won't be that far off what you need to move into a new place. Could you stay with your relative while saving up the extra and looking for one that will accept you despite bad credit - maybe bike into work?

myothercarisaferrari

thanks B&P.
I have cancelled my SO to the L anyway.
I can definitely stay with my relative, but I couldnt bike to work - its 20 miles away! I can get a couple of buses x

I actually have a house viewing on Wed with a letting agent that is doesnt do credit checks, just ask for a guarantor and an employers' ref so hopefuly that will be ok.

x urgh what a pain in the backside!

Mankysteve

Isnt it down to whether the he has permission to let from his mortgage provider. If he the OP has got till the end of her current contract or 2 months notice if it's gone onto a periodic contract as the contract will pass onto the current provider. If not then she'll really got to worry.

myothercarisaferrari

Steve, as far as I am aware he does have permission from the provider for tenants. He has onwed the flat for 6 years and it as always been let out x

It jus appears he hasnt paid the mortgage (with HBOS) for a while x

Wee_Willy_Harris

myothercarisaferrari wrote: »

Afternoon all

I need some help as I cannot get hold of my landlord.

I had a letter sent today (addressed to the occupier/tenant) that reads as follows:

Dear sir or madam

Our client: Bank of Scotland
Borrower: Mr **********
Property: ****************

We are instructed to act in re-possession proceedings relating to the above property and have now received a date for the hearing as set out below.

Name and address of claimant: Bankof Scotland
Name and address of Defendant: Mr ***************
Court Name: *********
Court Date 1st June

If you are named as defendant you may ignore this notice as you ill already have been notified, but youshould draw attention of any other occupiers or tenants.

I am worried sick. I have had not had any letters and my landlord hasnt mentioned anything.
Does this mean I have to move out by 1st June? Will I get my deposit back? (AST agreement dated 1st December 2009)

I am devastated x

Firstly, but most importantly.... DON'T PANIC!!
I know this is very easy for me to say, but panic will cloud your judgement, so don't.

Now, the harsh reality...

In all probability, you WILL need to move in the not to distant future. You need to accept that and make suitable plans to ensure that you have accommodation available to you. You are lucky in that you are able to stay with friends and family... take comfort from that.

In the meantime, accept NOTHING the landlord tells you as truth unless evidence is seen. Without evidence to the contrary, assume nothing has changed.

Cancel your rent payment IMMEDIATELY. Untill you are satisfied that the problem has been resolved DO NOT make any further payments to your landlord.

Your LL MAY make a claim against your deposit for the non payment of rent IF he has protected it. If he hasn't, don't hold your breath for its return. Far better to take that matter into your own control. There is further action you can take regarding the deposit, but that can wait for now.

Re-approach your Local Authority. I'm assuming you have no dependant children and no other reason to be regarded as "in priority need", so they will try and fob you off (again), but stand firm. If they advise that they cannot assist you, ask for that decision to be made in writing. They won't like it, but it will force their hand. They will either HAVE to take a homeless application (that is your right) or offer you sufficient assistance to help you to secure alternative accommodation. Thay won't want you to make a homeless application because... a) It's a waste of time unless you have a priority need, and b) It mucks up their stats! So they will be much more inclined to assist you in other ways.

Ref Housing Act 1996 - s183 -184 and section 6.2 of the Homeless Code of Guidance for Local Authorities.

This will NOT force them to accept any duty to house, but it will force them to assist you to secure suitable accommodation.

Please not that just because you can stay with friends and family on a temporary basis, this doesn't mean you are not homeless.

There are also things that you can do yourself. If you secured this property through an agent, go and speak to them. They will know you are a reliable tenant already and may be more inclined to assist. Ask around your friends and family to see if you can get a recommendation to a suitable LL/agent. LLs like a known tenant, and a recommendation from one of there existing good tenants may carry considerable weight. Apart from that, the usual rules apply... check the local paper/letting agents/"To Let" signs etc etc.

DO attend all court dates you are notified of so that the judge is aware of you when he makes any decision. Judges tend to have a natural reluctance to act harshly upon a victim.

I do hope the above helps, but please keep the board posted on any developments.

myothercarisaferrari

wow thanks for that:D

First date is 1st June so will update accordingly.