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HELP - received letter saying being repossessed

2

Comments

  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    OK looks more like an eviction appointment then.

    The court however was meant to notify you of proceedings as an occupier. You should have got a letter, and probably another letter notifying you of the decision too. Odd that these have not been sent and that the first you hear is from the lawyer.

    Let us know if you hear any more.
    I was puzzled by this. But then I saw that the tenancy started on 20 May. So it seems to me that all the letters were sent before the tenancy started. An interesting loophole.

    I would say that in giving this tenancy, the Landlord has represented his position fraudulently.
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  • GDB2222
    GDB2222 Posts: 26,312 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Don't pay any more rent, and look for somewhere else to live.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Yes that's good thinking there DVardys/B&T, seems a plausible series of events.

    I've not come across this before - would establishing a tenancy like this count as fraud or merely civil dispute?
  • FTBFun
    FTBFun Posts: 4,273 Forumite
    Has anyone mentioned the deposit at all? It would be wise to make sure that has been protected.
  • GDB2222
    GDB2222 Posts: 26,312 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Yes that's good thinking there DVardys/B&T, seems a plausible series of events.

    I've not come across this before - would establishing a tenancy like this count as fraud or merely civil dispute?

    What's fraudulent about it? So, I think just civil. Hopefully, the deposit has been secured.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    GDB2222 wrote: »
    What's fraudulent about it? So, I think just civil. Hopefully, the deposit has been secured.
    Landlord representing that he is able to give an AST with an Assured term, while repossession proceedings are in progress.
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  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    What's fraudulent about it?

    Well on the surface technically nothing, but I'm not sure exactly what happens in the period between a possession order being made and an eviction occuring.

    If the LL is technically still in possession until the eviction then I would imagine it is not fradulent even if they know they could never meet their obligations.

    If they are not in possession but become occupiers without permission then I would imagine it is fraudulent as much the gumtree scam of taking a first rental payment in advance for a flat you merely own photographs of.
  • GDB2222
    GDB2222 Posts: 26,312 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    But he is able to give an AST. It's his house until repo'd, and he didn't even hav a repo date back in May.

    The OP just needs to stop paying rent, as there's probably real doubts about getting the deposit back unless it's been put in one of the schemes. Apart from the hassle of moving, the OP won't have lost much, or even anything, as there's still another month to go before the repo date.

    Don't get me wrong. I don't think it was right of the LL to do this, but I just don't see any grounds for alleging fraud based on the info we have been given.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    The current month's rent has just fallen due. I hope to God that your sister hasn't paid it yet.

    She can also kiss goodbye to her deposit as well. A landlord who enters into a tenancy agreement when the property is about to be repossessed is unlikely to have protected it. Is there anything in the property of value? if there is, I would be tempted to take it with me. The mortgage lenders are unlikely to know or care
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    O.k it sounds very much like the bailiffs will be there to actually take posession on that day. You really need to get a court hearing to suspend the repossession to give your sister time to find somewhere new.
    You need to talk to Shelter urgently on how to get this case through the courts. I also think you need to inform the mortgage company in writing that you are there (this may give you more rights - I'm not 100% sure) but they need to be told in no uncertain terms you are there.
    Do try and speak to the bailiff (bailiffs)- they are really not going to want to turn up and deal with a person/family in this situaton who have nowhere to go so may be able to help in some way - places to go for help - local council, CAB for instance or help with what court forms you need to fill in etc. Try and get them on side. If you are still there at the 11th hour it is good if you have built up a relationship with them.
    Best of Luck
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
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