LL has gone bankrupt, advice, please

Nonshy

I moved into my current flat 26th of March 2010.

Today i find out from a neighbour that the LL is bankrupt and they are attempting to repossess his property.

We have not received any correspondence and have been paying rent into LL's account, which because bankrupt he shouldn't be receiving this or so I believe!?

My neighbour is paying money to the receiver - he is on a rolling contract so worried he will be evicted soon, where as we signed a 12 month contract.

Where do I stand legally?

Does the letting agent not have an obligation to check their credit status? LL has been bankrupt since june 2009!!!

We paid £265 fees and deposit was put in protection scheme.

Can we be evicted? Any reason why we have not received any documentation? Shall I stop my rent?

Since we moved in the washing machine has not worked and bedroom window does not open at all... I have spoken and written to them but always been fobbed off and had false promises... today explains why!!

Regards!

Trollfever

Do a search at the Insolvency Service to confirm that they are still bankrupt:

http://www.insolvency.gov.uk/eiir/

If they are still bankrupt contact their Official Receiver for advice.


In addition contact Shelter:

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

Jowo_2

The Shelter website has a useful section about tenant's rights when a property is being repossessed by the lender, including the difference in how it is handled if the landlord does or doesn't have permission from the lender to rent out the property.

Nonshy

Trollfever - thanks I have contacted both those by email. The trustee has been in touch with me today.

Jowo - thanks also

Nonshy

An update - the letting company knew the landlord was bankrupt and were told not to rent the property yet they still did.

Trustee are sending round someone to check property safe as they don't want any third party liability.

They have also stressed they are not the landlord.

Quite pi**ed off at the letting company!!!!

DVardysShadow

Cease paying rent until it is clear to whom it must be paid. Keep the money safe and write to whoever it is that you currently pay rent to to explain what you are doing. Keep a copy.

If you pay to the wrong person, you will still have to pay the right person and you may have difficulty in recovering money paid to the wrong person.

Nonshy

i have stopped paying rent and kept it in my savings account

the trustee has written to landlord and letting company and say and financial loss or otherwise will be reclaimed from them

Nonshy

Just received letter today:

'Please note that mortgagee of the property is currently enforcing their order for possession.

The county court baliff has the power to evict any person occupying the property regardless of them being named on the possession order.

it is imperative that you obtain alternative accommodation immediately.'

I thought they had to give a certain amount of notice?

silvercar

It could be that the bankruptcy ended before you moved in. It could also be that the Official Receiver owns the beneficial interest in the property. Bankruptcy doesn't always mean repossession and rarely means instant repossession.

Communicate with the receiver, let them know you are in the property. As your landlord also owns the property next door, it could well all be held on a commercial mortgage and the receivers may well decide not to evict until the end of the fixed term contract.

G_M

This implies the mortgagees have been to court and have been granted vacant possession. Is that so? Were you not aware of the court hearing? You need to find out what timescales are involved. Get on the phone!

I'm afraid you are going to need to start house-hunting fast.

Nonshy

i have not been made aware of any court hearing.

I have called the solicitors but they are closed!