Rented House Reposession

john9to5

Hi Everyone,
Feeling so stressed and upset right now and desperatly seeking advice !

Myself and my partner have lived in our flat as of September 2010, We originally signed a 6 month tenancy agreement through a letting agent and after 6 months we moved onto a month to month basis of a tenancy agreement.

We have never defaulted on a payment and all the bills and rent etc are all up to date , we go through a letting agent,.

Around 2 months ago a gentlemen from the landlords morrtgage company came out to see us, he said he was just doing some checks on his clients behalf and it was all procedure etc so we thought nothing of it, we have just returned from holiday and have received 2 letters from a solicitor addressed too 'tenants/occupiers' advising us that the flat is being reposessed due to the landlord failing to pay the mortgage, the company the mortgage is with was mortgage express I think, it says its going to court on the 7th of July so I dont even understand what this means ?, We only got back on Saturday so havent had time to phone the letting agent etc but just so worried. It sounds like the flat is definetly going to be reposessed but our rent is due on the 18th so should we still pay it or ? and if we dont pay will we have to leave this week ? , its all through a letting agency and I dont even know if they know or not but I dont really know where we stand, alsou we paid a deposit etc to the agency will we actually get this back ?

Its so stressful , feels like our home we have worked so hard for is being taken away through no fault of our own, we have relatives we can stay with until we can get back on our feet and find somewhere new, Any help would be so appreciated. Thanks

BitterAndTwisted

Has the letting-agency or your landlord given you any information about which deposit-protection scheme your deposit is held with? This is a legal requirement. You should check with all three schemes right away:

MyDeposits
DPS
TDS

You should be able to check with the schemes online by searching for the address. If you can't find it registered phone the schemes. Check with the agents about which scheme the landlord has used.

I would advise you to attend the court hearing so that the court know you're in occupation and may give you time to make other arrangements. But the best that can be hoped for is weeks rather than months.

Do not pay the rent due later this month.

Start looking for alternative accommodation immediately.

may_fair

john9to5 wrote: »

have received 2 letters from a solicitor addressed too 'tenants/occupiers' advising us that the flat is being reposessed due to the landlord failing to pay the mortgage, the company the mortgage is with was mortgage express I think, it says its going to court on the 7th of July so I dont even understand what this means ?

It's possibly notifying you of a possession hearing. If so, you must go to it; you must also seek advice at a CAB or call Shelter.

Do you know if the LL had consent from the lender to let or not?

If he didn't obtain consent, download and read this leaflet about your rights
http://www.communities.gov.uk/publications/housing/mortgagerepossessionguidance

If he did obtain consent, then you have a right to remain in the property until the end of the tenancy unless the lender can obtain possession using ground 2 under Housing Act 1988. You'd be served notice of this if it happened.

princeofpounds

Hi, I've been through this situation. The advice above is good. You may well have to move eventually but you will not find yourself on the street in a matter of days and you should not be out if pocket of your deposit is correctly protected, besides the cost of moving.

You should pay your rent, especially if your deposit is protected and so you will receive it back. Just don't pay more than one month's rent in advance is the critical thing as the status of your tenancy is a short horizon, and make sure you save a new deposit up for when you might have to move.

You will not have to leave until a court order is made for possession, either to your current landlord or more relevantly in this situation to the mortgage company. Nothing else can end your occupation. Technically nothing changed for you before the court date.

At that point, if the lender wins, they will either be your landlord (if consent to let was given) in which case they can give you notice, at least 2 months. Or if no consent to let was given then it is likely they will still have to give you 2 months notice (as per the link above, but you must apply for it).

Either way they cannot force you out, nor should you leave until the possession order is actually decided unless you give notice yourself (because if your LL wins your tenancy continues).

It is advisable to go to court as you will be able to see a) who wins and b) request an extension if necessary from the court. And c) it stops you being lied to over who wins so you don't end up paying rent to the wrong person.

The most difficult thing you will struggle with is probably the lack of info. The solicitors won't talk to you due to 'client confidentiality'. The agents might not be interested to service a bankrupt LL and ignore you. Your LL may not care anymore. And the bank might not either, until after the possession hearing. And the court won't say much directly as you aren't a 'party' to the case.

But although you can't fight moving forever you will have time to plan and deal with the situation.