hopefully some advice? re: mum's landlord not paying mortgage!

mykidsmum_2

i'll try and be brief, my parents sold their home nearly 3 years ago to a landlord and are renting it back off his company, however it turns out that the landlord hasn't been paying the mortgage at least since july (he turned up at the house each month for the rent in cash), my mum had a letter from the building society before christmas saying that the house is to be repossesed and they have no tenancy agreement. my mum is currently undergoing treatment for cancer and the stress of all this is taking its toll on her health, she rang the building society and explained about her health and they have said they won't do anything until jan/feb. I only found about this today (as mum didn't want to worry me!), what do we do now?, find them somewhere else or see what happens?, my mum is my biggest concern and I want to help in anyway I can, (she rang the CAB but no one called her back).
please if anyone knows what our next step should be, i'd be immensly grateful.
thanks in advance x

theartfullodger

Very sorry to read your story.


Landlord sounds like a complete crook: Sadly not entirely uncommon in such circumstances (sell & rent back).

In mum's shoes I would present landlord with a cheque rather than cash next time & request a receipt. Unless the tenancy specifies paying cash (very unlikely) he cannot refuse a cheque.

He is almost certainly not declaring his income from the letter (i.e. we the honest tax-payers are subsidising him..)

Re the mortgage mum should contact Shelter, 0808 800 4444 but expect a wait - they are too busy with not enough resource as a charity...

See this useful guide...
http://england.shelter.org.uk/get_advice/eviction/repossession_by_a_landlords_lender


Hope it works out

Artful

mykidsmum_2

as far as I know she has a DD for the rent, in the summer the DD came back into her account so she was paying him cash, then a letter arrived from the receivers? and so a new DD was set up and I think the rent goes to them, the building society who now own the house wrote to her just before xmas saying they want the house back but wont do anything until feb because of mums treatment. she is currently on sick pay from her full time job, is she eligable for local goverment housing? ( the 'landlord' had the cheek to turn up xmas eve asking for januarys rent!, mum told him where to go....)
thanks for the shelter link, its very informative x

HappyMJ

mykidsmum wrote: »

( the 'landlord' had the cheek to turn up xmas eve asking for januarys rent!, mum told him where to go....)

Well done. That's the way. Keep in contact with the receivers they might let her stay for a while longer. Apply for the social housing now as there is a good chance she'll get it but she would have to go through the stress of actually being evicted.

Hammyman

We ended up with a council house for the very same reason as the OP although ours was a straight rental property, not a sell and rent back job. LL didn't pay rent, got a letter from his mortgage company about repossession and we took it down to the local housing office.

mykidsmum_2

thankyou everyone for your reples, i'll get onto the appropriate people tomorrow.

Hump

The Mortgage Repossessions (Protection of Tenants) Act 2010 should buy your mum two months protection from the bailiffs if the tenancy was unauthorised. Sounds like the lender is amenable to this (if they're not then you'd have to ask a court to postpone the eviction). Just check with them that they are going to give them at least 2 full months, otherwise hit the Shelter website for advice as to which court forms to use.