my rented flat is being repocessed....

bitsandpieces

myothercarisaferrari wrote: »

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!

Good - in some areas, that kind of distance would be quicker to cycle than use public transport. Handy to have buses, though.

Hope the viewing goes well. One more thing to keep an eye on is that - if the repossession doesn't go ahead - you're not left liable for two sets of rent. Make sure you still give notice correctly on the current place, if you're moving on.

Wee_Willy_Harris

myothercarisaferrari wrote: »

wow thanks for that:D

First date is 1st June so will update accordingly.

Sorry, forgot to mention one thing I really should have....

In almost ALL circumstances, witholding your rent is a naughty thing to do. Your landlord may serve you S8 notice to quit as soon as you are in arrears. Whatever your landlords personal financial circumstance, the rent is still lawfully due and your LL may take action to recover any arrears, even after the tenancy has ended. Having said that, I've told you what I would do. My personal opinion is that he will not be too surprised that you have stopped the rent and will take no further action. But that IS just an opinion. You must make your own, informed decision.

myothercarisaferrari

well the rent is due on the 1st June, so I will see what the court outcome is :-) x

thanks so much all your help and advice :-)

Trollfever

Some courts will have a court desk manned by CAB/Shelter. Arrive early for the hearing and ask to speak to them or the duty solicitor.
Take all your paperwork with you.

Good luck.

Snooze

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

Don't get yourself too worked about this. As someone says, it's very likely that you will have to move out and find somewhere else eventually, but knowing someone who has recently been through this I can tell you that the cogs turn at a snails pace.

Assuming that the court does not grant you any extra time to stay there (which will probably be the case if your LL does not have persmission to let) then you'll get a repossession date which will be around 1 July. Don't think that they will come and force you out if you've not vacated by that date, because they won't. In fact it's highly likely nothing will happen on the repo date at all. If you don't contact them or send them the keys etc, someone will eventually call round to see if the house is empty or, if not, when you will be leaving. I strongly suggest not answering the door and not talking to them. They can't force their way in and can't force you out either. After this you'll probably find that 6-9 weeks goes by without anything happening and then a letter will arrive saying that they are applying for an eviction order. This will be another 2-4 weeks before you receive this and the eviction date will be another few weeks from the date of the letter. You WILL need to be out before this date or they will turf you out on the date.

It will vary from area to area and depend how back-logged the court is, but from the hearing date you should be perfectly safe staying where you are for at least 3 months, probably 4, and possibly 5 months before you have to move. You want to use that time to your advantage and use the rent money you're saving to build up a nice deposit in case you can't get your deposit back.

myothercarisaferrari

just out of curiousity, if I get extra time from the court, do I still need to pay my rent to someone?

Wee_Willy_Harris

myothercarisaferrari wrote: »

just out of curiousity, if I get extra time from the court, do I still need to pay my rent to someone?

Only if the court orders you to. Otherwise, it's a seperate matter between you and the LL (see my earlier reply re rent).

myothercarisaferrari

sorry just reread, thank you :-)

ROLL ON 1st JUNE!

bodger0

Hi,

Just wondered what happened for you on 1st June? I had the same letter come through about my landlord tonight. I'm in a 12 month contract which runs out next April. Does that mean I just have to sit tight and see what happens? Should I go to court? Should I phone Northern Rock and let them know I'm a tenant? Someone knocked from them a while ago, and I let them know I was renting but that was it. Should they have this on their records?

Thank you for any help! All appreciated!

myothercarisaferrari

hey guys thought I would update. the landlord never turned up either but he was initially given time to repay the debts, but a letter arrived a few days later addressed to the occupier fro the court, which basically said the flat was going to be repo'd and any tenants/belongings in the flat had to be removed by 13 July.

Anyway my viewing went well and I moved in last weekend. The house is beautiful, a tad more expensive that I wold have like to have paid but I have signed a 12 month lease so feel happy now :-)

Bodger, yes ring them and see what happens. It could be your landlord doesnt have the buy to let in place, so he could get into trouble. Let us know how you get on.

Thanks again everyone xx