PLEASE HELP!!! Tenant receiving a copy of the landlord's possession order

markiec

michaelvintner wrote: »

It is also highly immoral not to give the tenant back their deposit. It might be immaterial to you as you might be one of the lucky people who can afford to lose £1000. The rest of us, living on planet earth cannot.

Thanks, it's more like £1,600 which is why we're so worried. Deposits and rent are terrible in here!

tbs624

markiec wrote: »

I not sure, I presume so as we had a letter from the solicitors for the claimant addressed to "The tenants or The Occupiers", the land lord has also got a letter in envelope from the same sender.

What would it mean either way.

With worried thanks!

Don't "presume so": follow it up.:)

The Mortgage Repossessions (Protection of Tenants) Act 2010 comes in to force next month and mortgagors have to take more care around the fact that a mortgagee may have Ts in situ.

Part of what this means is that repossession letters will invariably be addressed in the manner you describe.

Contact the lender in writing, enclosing a copy of your tenancy agreement. Keep a copy of your letter.The lender may be prepared to honour your tenancy agreement for longer than the minimum period required.

If your LL has a CTL you should get a minimum of two months notice.
Note link the clause about Ts breaches of an authorised tenancy agreement (ie, if there is rent unpaid)

Next check TDS, mydeposits and DPS for confirmation on your tenancy deposit - it can be done online.

Make sure you have an address for your LL

Start looking for somewhere new to live asap

tbs624

MadnessOfHPC wrote: »

It is highly immoral to squat in someone elses property and not pay rent, whether or not you think you are getting your deposit back is immaterial.

Yawn....Madness, a T does not become a squatter when they are not paying their rent. Have you been out to lunch with Suzy Butler?

It's immoral of a LL to accept rent from a T and not pay the mortgage.

A LL who has allowed his finances to fall into such a state may well have spent the Ts deposit money - that also looks immoral to me. Losing a T his home, when the T has always met his rent payments so far, is immoral

MadnessOfHPC wrote: »

So the solution to your landlords temporary financial glitch is for you to deny him his dues thus putting him in even more jam? Now imagine if your employer withheld your salary for a months hard work while you were struggling financially. Not very nice is it?

Moral of the story - pay your dues.

Moral of the story - sauce for the goose blah blah , LL should pay his dues, ie the mortgage.

Your employment analogy is a crap one too, because presumably the employee has kept to their part of the deal , ie done the month's hard work" . Here the T has paid the rent, the LL hasn't paid the mortgage and is about to lose the T's home for him and he has the Ts deposit money.

Silly boy.

clutton_2

AS a LL i would advise you in the strongest possible terms to attend this court hearing - if your LL has no permission to let, then the Lender will not know about you and will not then produce evidence of your habitation to the court.

Take your tenancy agreement with you, ID, proof of residence - utility bill, proof that you have the rent ready to pay, and any subsequent correspondence with the LL

Judges Will have to give the lender possession, thats the law, but you can increase the time the judge gives you by your attendance and speaking up about your circumstance...

Judges dont like throwing families out onto the street... if you were to get a tenancy agreement with another LL signed for say 2 months hence - a judge is unlikely to force you out sooner

sdo it is in youir interest to go and fight your corner

in the meantime - get l ooking for somewhere else to live.. quickly - keep these docs re court so that you can prove to your next landlord why you may not get a reference from this one.....

b w

michaelvintner

clutton wrote: »

AS a LL i would advise you in the strongest possible terms to attend this court hearing - if your LL has no permission to let, then the Lender will not know about you and will not then produce evidence of your habitation to the court.

Take your tenancy agreement with you, ID, proof of residence - utility bill, proof that you have the rent ready to pay, and any subsequent correspondence with the LL

Judges Will have to give the lender possession, thats the law, but you can increase the time the judge gives you by your attendance and speaking up about your circumstance...

Judges dont like throwing families out onto the street... if you were to get a tenancy agreement with another LL signed for say 2 months hence - a judge is unlikely to force you out sooner

sdo it is in youir interest to go and fight your corner

in the meantime - get l ooking for somewhere else to live.. quickly - keep these docs re court so that you can prove to your next landlord why you may not get a reference from this one.....

b w

Some good sound advice.

martindow

Have you checked the three deposit schemes? Have a search through the forum as there have been other posts from people in a similar predicament with a LL going bankrupt.

And take no notice of Madness - he's appropriately named and fond of posting provocative comments.

tbs624

Sorry - generally good advice from Clutton but do *not* leave it until the hearing. Get that tenancy agreement copy sent off with a covering letter to the Lender tomorrow. The Lender won't obviously discuss your LL's financial set up with you but they have to acknowledge your letter: send recorded delivery.

michaelvintner

It's nice to see a thread with most people offering some decent advice (a few are not but then they are probably the LL in question).

satchmeister

martindow wrote: »

Have you checked the three deposit schemes? Have a search through the forum as there have been other posts from people in a similar predicament with a LL going bankrupt.

And take no notice of Madness - he's appropriately named and fond of posting provocative comments.

You could also pay the rent into a solicitor to prove you are not trying to avoid payment of the rent just protecting your interests. A separate account set up to hold the rent may also be OK as it shows the courts you are being fair tenants.

SouthCoast

The landlord would have been aware for some months about the possibility of repossession.

Check out the pre-action protocol:

http://www.cml.org.uk/cml/policy/issues/4084