help or advice urgent!!

louiser123

hi all, not sure if i have posted this in the right section so if not mods please move it.

i need some urgent advice for my daughter regarding her rental property. long story short she has today found out that her LL is filing for bankruptcy. she has only been renting from him for a little over 8 weeks and moved from a good LL to this property due needing bigger house for pending baby no 2. anyway we have also got fears now that the mortgage co dont even know he is renting and his post still comes to the house even though it was rented previously. i am worried sick for her as i know she has no rights and could loose her home. is there anyway we can a, find out if the mortgage co know he is renting. b, find out when the house will be subject to reposession (he owes more in secured mortgage and 2nd mortgage than the house is worth). and really any other advice you may have. if he does go BR she will loose her bond but just need some sort of advice what to do cos if they have no idea he is renting they have no idea also then that she exists as a renter and could she get home one day to find the locks changed and her proprty siezed. please please any help x

G_M

Read this from Shelter on LL repos.

Check who the mortgage lender is here at the Land registry (£4). (on Monday). Then try calling them.

Watch out for mail addressed to 'The Occupier'.

Her deposit should be registered in a recognised scheme so shoulkd be safe. There are 3 schemes - she can check each one if she's not sure.

How do you know so much about his finance? ie what he owes and that he's going bankrupt?

tbs624

Louiser123 - is this property in Eng/Wales? ( no deposit scheme in Scotland)

The LLs post coming to the property is a pretty clear indication that his mortgagor won't have granted him consent to let.

Follow G_Ms suggestions above and check the deposit registration as a matter of urgency. Your daughter needs to send a copy of the tenancy agreement to the mortgagor so that they are aware she is in situ: they will not discuss the LL's financial situation with her but they should keep her informed of court proceedings for repossession of the property.

SouthCoast

And more information on the new legislation that came in earlier this month:

http://www.adviceguide.org.uk/index/whats_new_oct10_new_protection_if_you_re_evicted_by_your_landlord_s_mortgage_lender.htm

louiser123

thanks so much guys i will pass this on and help her to send out the info to the mortgaer just one last q how do we find out who the mortgager is??

tbs624

louiser123 wrote: »

thanks so much guys i will pass this on and help her to send out the info to the mortgaer just one last q how do we find out who the mortgager is??

If the post comes to the property it may be obvious from the envelopes but to be certain go on to the Land Registry website and pay 4 quid.

G_M

louiser123 wrote: »

thanks so much guys i will pass this on and help her to send out the info to the mortgaer just one last q how do we find out who the mortgager is??

Try reading my post (number 2) above! I even gave you the link!!!

clutton_2

""how do we find out who the mortgager is?? "

you could always open the mail.....its not illegal.

however... this new legislation means that the Lender will write to her if possesssion proceedings are started... so its in her interest to find out quickly who the lender is and write to them

sammyjammy

If he owes more in mortgages than the house is worth it maybe that the house will not be sold and he will be allowed to retain it so don't rock the boat too much.

joerugby

This happened to my son (+daughter in law and 2 kids) last year.

Son attended the court hearing. House was worth less than outstanding debt but the rent they were paying was enough to cover the monthly mortgage payments and make a small contribution to the arrears.

The judge granted a deferred possession order which meant LL could keep the house provided he paid the full amount of rent over to lender each month.