Another rental property being repossessed. Joy!

hellokitty08

I will try and keep this short,

Just found out today that my friends rental property has very likely been repossessed. She has only lived there for 3 months.

As we understand it the court case took place on the 13th (or there around) of Novemeber 2010. There was a letter sent to the property for the occupier, but we have only just got access to the post box. (My friends post was being re-directed)

All the solicitors letters are unopened and are at the rental property address, so we are not sure if the landlord has recieved any of them.

The land registery detail for the apartment do give a seperate address for the l/l so I am little confused as to why the solicitors details where not sent there?

Anyway,

I am going to phone the solicitors first thing on Monday morning and see what they say and I have been on to the Shelter website for some information, I was just wondering if anyone on here could give me any extra advice. (first hand, second hand, third hand any hand would help right now)

I am going to chase down the details for the deposit (joy!) and start looking for an alternative property, but I just need any advice you can offer in the mean time.

Many Thanks for reading.

(p.s I have told her to cancle her standing order for the rent)

silvercar

If the land registry info shows the landlord address elsewhere, that suggests that the lender has given consent. It could be that the lender has written to the landlord at the alternative address and not had any reply so is trying the rental address to show they made every reasonable attempt to make contact.

I recall there was some new legislation passed recently giving tenants 2 months notice of repossession irrespective of the mortgage. If the mortgage is BTL or has consent to let, your friend will get the fixed term of the tenancy with the lender appointing someone to act as landlord. Stopping the rent could put your friend in breach of the tenancy agreement and is generally not recommended.

hellokitty08

ok, so the solicitors werent actually much help. Other then saying that the property would officially come under onwership on the bank from 15th December and that there would be 4 weeks to leave after this date.

What they couldnt say was if the l/l was on a buy to let mortgage or not, or how to end the tenancy if we can find some where suitable to move to this week.

there is another property near by that they would like to take that is available now, so if we can secure it my friend would like to move as soon as possible.

I find it a little bit odd, that they still have to give notice the l/l and confirm this all with him!

LandyAndy

I'm confused. Are you living at this property?

hellokitty08

No I am not living there, I am just trying to sort this out for my freind (well actually quite elderly relative, but I didnt want to give out to many details, im useless at that obvioulsy)

When i say we, I mean me do the leg work and they move. I say we for a lot of things, I probably shouldnt.

poppysarah

Ring shelter.

They might suggest attending court.

Contact local council for rehousing possibly but shelter best first.

hellokitty08

I have printed off some info from Shelter, but it doesnt seem to address this issue, so yes I think I might give them a call.

tbs624

poppysarah wrote: »

They might suggest attending court.

See the OP

hellokitty08 wrote: »

As we understand it the court case took place on the 13th (or there around) of Novemeber 2010.

hellokitty08

From my understanding a delay in poseesion could still be applied for (i think) but we dont want that we just want to leave. Im phoning Shelter........
ring ring

tbs624

hellokitty08 wrote: »

I will try and keep this short,

Just found out today that my friends rental property has very likely been repossessed. She has only lived there for 3 months.

As we understand it the court case took place on the 13th (or there around) of Novemeber 2010. There was a letter sent to the property for the occupier, but we have only just got access to the post box. (My friends post was being re-directed)

This part has me confused. If your friend has been a T there for 3 months why has she only "just got access to the post box"? If she was having her post re-directed from a former address that would make not a jot of difference to post addressed to the occupier at the rental property.

hellokitty08 wrote: »

All the solicitors letters are unopened and are at the rental property address, so we are not sure if the landlord has recieved any of them.

The land registery detail for the apartment do give a seperate address for the l/l so I am little confused as to why the solicitors details where not sent there?

The letters should have been sent to both addresses. Ts should always open any letter addressed "to the occupier"

I would not make the next rent payment, but place the money in a separate account and confirm to

(a) the LL at the last known address you /the T has for him/her , and (b) the lender's solicitors
that this is what the T is doing, until the situation has been clarified.

Schemes are TDS, DPS, mydeposits - you can check instantly online whether any of them have the deposit registered with them.

The Mortgage Repossessions (Protection of Tenants) Act, which came into force recently, requires that Ts are given a min period of 2 months notice. The Possession Order *can* be suspended by the Courts to allow the T that two months.

If there is no response from either T or LL to any initial letters then the lender will assume that the property is untenanted. Send a copy of the tenancy agreement to the Lender's solicitors.

Get advice from an experienced case worker at the CAB or via Community Legal Advice (google it) or a local solicitor who has LL& T/housing experience - an initial interview should be available at low cost.

hellokitty08

this could take a while...............