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Debt-ridden property for sale - who will get paid first?

Hi again evryone - thins never ends!

I have an Interim Charging Order on a flat (due to unreturned deposit) which is currently under offer. It's literally just been registered with the LR and with advice from people on MSE I went into the estate agents today asking if they'd forward on letters for the buyer's and vendor's solicitors informing them if the situation.

When I went in, the agents said that effectively this is a forced sale as prior tenants (not us) never paid Council Tax and now they're chasing the lessor up for it. So there is now a third party who is effectively selling the property to pay this debt off for her (the word 'bankruptcy' was mentioned, although so was 'plenty of equity').

So basically, I'm now wondering whether or not, and where along the line of creditors, I'll get my money?

The only other creditors on the LR documents other than me are two mortgages, so would I be correct in thinking they'll get paid off first, then me, (since wer're the ones on the LR documents) and then finally, whoever is forcing her to sell the property???

Thanks a lot for any answers

Comments

  • Fire_Fox
    Fire_Fox Posts: 26,026
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Forumite
    I wonder if you might be being spun a line - the landlord is never liable for a tenant's council tax unless they are a resident landlord (i.e. the tenants are actually lodgers). Remember the agents don't work for you, they are also looking to get paid out of the proceeds of the sale .....
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • ajm410
    ajm410 Posts: 143
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Forumite
    Hmmm I don't know. Would there be any reason why the agents would lie to me?

    It was suggested I contact the agents in the hope they'd pass inifo onto solicitors as they wouldn't want the sale to be delayed or to fall through.

    Also, I know she has lots of debt so who knows?

    They said that the ex-tenants never paid and because they can't find them they're after her for it??? But she would never have been a residing landlord.

    It was an ex-council flat though and I wonder whether she ever had permission to let it, although her name is on the LR documents

    I've done all I can on this, just hope I get my money after spending 7 months trying to sort this out
This discussion has been closed.
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