LL has gone bankrupt, advice, please

Nonshy

I have received my eviction notice... 11/10/10This came through the door on the 21st of September.Solicitors are not interested - Optima Legal. Mortgage Company - Mortgage Express are not interested in my situation either.Got myself a week and a half left to find somewhere to live!!! This has been a nightmare move from start to finish!

Nonshy

G_M - in response to your comment about a possession order - this was granted 3 months before I moved into the property and the situation had been left dormant for 8/9 months.I haven't paid rent for last couple of months but saved it incase someone, not sure who, would come asking for it! One question I do have though is my deposit... if LL is bankrupt but I haven't paid rent recently who is entitled to this if anyone?? It surely can't go to the LL who would no longer own the property once repossessed!?

tbs624

The LA needs reporting to the local Council's Trading Standards Office. If they are signed up to ARLA, NALs,UKALA etc raise a complaint there too. You may want to name them at https://www.allagents.co.uk

Also speak to Shelter 0808 800 4444 and the local Council's Private Sector Rentals Team - there should be a Tenancy Relations Officer there.The Council may have a list of accredited private sector LLs for you to contact.

It sounds as though the LL did not have Consent to Let in place. The Mortgage Repossessions ( Protection of Tenants etc) Act comes into force next month but does not help Ts in your situation , where a repossession order has already been sought by the lender prior to the start of your tenancy. It won't be a priority atm but do let your MP know of your experience.

I would still send a copy of your tenancy agreement to the Lender, to the lender's solicitor and to the Receiver.

On your deposit - have you confirmed for yourself that the deposit is registered? (DPS, TDS or mydeposits) Contact the scheme provider and let them know the LLs status , asking them to confirm that they have noted this on file.

What is the current situation with the neighbour who has the same LL?

Nonshy

tbs624 wrote: »

The LA needs reporting to the local Council's Trading Standards Office. If they are signed up to ARLA, NALs,UKALA etc raise a complaint there too. You may want to name them at www.allagents.co.uk

Also speak to Shelter 0808 800 4444 and the local Council's Private Sector Rentals Team - there should be a Tenancy Relations Officer there.The Council may have a list of accredited private sector LLs for you to contact.

It sounds as though the LL did not have Consent to Let in place. The Mortgage Repossessions ( Protection of Tenants etc) Act comes into force next month but does not help Ts in your situation , where a repossession order has already been sought by the lender prior to the start of your tenancy. It won't be a priority atm but do let your MP know of your experience.

I would still send a copy of your tenancy agreement to the Lender, to the lender's solicitor and to the Receiver.

On your deposit - have you confirmed for yourself that the deposit is registered? (DPS, TDS or mydeposits) Contact the scheme provider and let them know the LLs status , asking them to confirm that they have noted this on file.

What is the current situation with the neighbour who has the same LL?

I have wrote to the property ombudsman and advised them of the situation - still no response from them and I wrote/emailed 10 days ago.I have sent a copy of my tenancy agreement to all concerned - none are interested and the bluntness of the letter sent by the Sols demonstrated this.Deposit is registered with DPS. I have emailed them and explained the situation but they replied saying I have to fill in form and if no reply in 14 days from LL then money refunded, however, he could state deposit kept for non-payment of rent. My point was that they missed - ok I haven't paid my rent but only because advised not to pay it to LL as he is bankrupt, trustees never asked me to pay it to them, mortgage company didn't want to know - so I am not sure who would be entitled to the money?? - I would hope to get it back. I almost feel rude by saying that but I would never dream of acting how the LL, letting agents, sols etc have gone about it.I signed a contract for 12 months, have taken out contract with Sky, paid installation fees, kept property spotless, assisted with allowing trustee/lender access to the property to check gas, electric etc when all along it was said to be for my safety when it wasn't - was so they could finalise repossession.Thanks for your help btw it is really appreciated!

Hammyman

Nonshy wrote: »

I have received my eviction notice... 11/10/10This came through the door on the 21st of September.Solicitors are not interested - Optima Legal. Mortgage Company - Mortgage Express are not interested in my situation either.Got myself a week and a half left to find somewhere to live!!! This has been a nightmare move from start to finish!

Take all the letters to your local council housing office. We managed to get a council house within a couple of weeks because the mortgage company were repossessing the house we were renting.

Nonshy

tbs264 - sorry that reply had paragraphs in when typed it!

My neighbour was in slightly different situation - he was on a rolling contract, went to court hearings etc, knew it was happening and has now been evicted!

BitterAndTwisted

I have an odd feeling that the agents have squirrelled away your rent payments and the landlord has not yet seen a penny of it.

In your position I would stop worrying about the rent you have withheld, especially if the agents haven't been in contact about it and use it for your onward move if you have to. If anyone is going to chase you for it they will have to find you first and by that time you may have been able to set it aside again..

SouthCoast

From Shelter:

After this, the only notice that you will be given is if the court agrees to give the lender possession. If this happens, the court will send a notice to the landlord and 'any other occupiers', informing them of the date that the bailiffs will be coming to repossess the property. This notice (form N54) may only give a few days' notice of an eviction, so get advice immediately if you receive one.

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

Nonshy

thanks for all your help - i have managed to find a friend with a room for the near future.not sure what will happen about my deposit (who and where the money will go) and still no response from the property ombudsman regarding the letting company!