Tenant and landlord repossession notice

Toon_Dave

Hi All, Its been a while since i've been online and posted on here so hello to anyone who knows me and who has helped me in the past.

I need advice please on my current situation and the best thing to do.

I am currently private renting, current property since october 2010. I pay my rent on time every month and have not missed any payments to date since moving in. I have this morning recieved two letters to the property, one addressed to my LL and one to the tenant/occupier. Usually i would ignore the tenant/occupier ones as junk but opened it as LL had same letter delivered. i havent opened the LL's letter but i am tempted incase it does say anything different.

The letter states that the mortgage company has commenced procession proceedings againsnt the LL and gives a court date of 5th September 2011. My LL is a family member (Ex Sister in law) but i have a tenancy agreement inplace that i signed in October for a period of 6months and its just rolled on from then. I do receive alot of letters for the LL which i give to her regularily.

I want to know my rights please and what i can do with regards to the possession order. I am not in a position to buy the property nor do i want to. Should i continue to pay the rent so i'm not in breach of my obligations or is this just a waste of my money if LL isnt paying her mortgage??

I have checked out the shelter website for advice and other posts on here but wanted some clarity please as to what people in similar positions have done.

I am possibly looking to move in with my girlfriend soon so maybe this will speed up that move in date as most things i've read have said to look for somewhere new asap.

Any advice will be greatfully welcome and received. Thanks in advance.

Dave

teeni

You need to phone shelter for accurate advice but you should write to the solictors for the mortgage company with a copy of your tenancy agreement and ensure they are aware you are there, you can attend the hearing with a copy of your tenancy agreement and ask to be heard the court has the disretion to issue possession after 2 months to allow you to find alternative accommodation under a new act that came into force last year. but remember if your landlord goes to court she may get the possession order suspended on terms and then your tenancy could continue as normal.

I would start looking for a new place asap as you only have togive her 1 months notice if you find somewhere new ending on the last day of a tenancy period remember the same rules apply irrespective of the proposed proceedings against the landlord.

The_Blue_Hatter

This is a negative of private renting. Whether the LL is paying her mortgage is frankly not your business you just have to comply with the contract that does involve you which is paying your rent. Should the property be repo'd I imagine you will simply have to move out and find somewhere else to live unfortunately. If you were in the position of purchasing it would probably be a good thing as you may get to pick up a cheap property!

If you want some compo, dont forget to help yourself to as many fixtures and fittings before it gets reposessed

Good luck.

franklee

I take it you saw this page?
http://england.shelter.org.uk/get_advice/eviction/repossession_by_a_landlords_lender

Guidelines to the new act linked to from here (they are easy to read):
http://freelegalweb.org/6116/2010/10/guidance-on-tenant-mortgage-protection/

Also see the last few pages of the RENTING? Check your LL has permission to let that... sticky thread.

Is your deposit protected? If you paid a deposit and aren't sure ring all three schemes to check.

Tenants should always read letters addressed to the occupier.