Given eviction date, landlord has my deposit and advance

Matt_Mallone

Hi,

I've been renting from a private landlord for a few years and claiming housing benefit to pay towards the rent. At the start of the tenancy I paid a deposit and month and half advance.

The flat which I rent is now being repossessed by the landlord's mortgage lender as he hasn't been making his payments. By law is the mortgage lender now owed rent by me (until I'm kicked out)? Also does that mean I have to get my deposit and advance from the mortgage lender or is the old landlord responsible?

Thanks in advance for any replies.

edit. I think I've posted this in the wrong section..

NASA_2

I think the landlord will be responsible for your deposit etc.

I'd doubt whether the lender will let you remain in the property though so I dont see them asking you for rent.

karenx

I think you have lost your deposit etc as its not upto the mortgage lender to give you that back as it wasnt theirs, it was the landlords.

georgiasdragons

Is your deposit not held in secure signed for agreement??

When I moved in I gave a deposit and signed an agreement that my deposit goes into this secure account a proper landlord scheme??
I would say if u have not then sounds like your landlord is skint and would not give u this back unless u have official papers

Matt_Mallone

The deposit was paid in cash (I have the recieipt still) but it didn't go into a scheme. I thought maybe the lender would inherit the landlord's tenancy agreement and all of its attachments. That was probably naive of me.

georgiasdragons

You should be a priority for housing from the council as you will officially be homeless.

Good
Luck and hope it's not too stressful for u

MissMoneypenny

When did your tenancy start?

Are you renting in Endland or Wales?

Did you get the rental through a letting agent?

Are you in a fixed term contract and does the landlord have permission form his mortgage lender to let the property?

This thread should really be on the House Buying, Renting and Selling Board, for you to get the most help. Perhaps a Mod would move it or you could post this again on that thread?

Matt_Mallone

Thanks for replying, I figured this was in the wrong section after posting it, I'll report it to see if it can be moved.

Here's some more details..

The tenancy is in England.

I moved into the flat late 2006. I paid rent to a letting agent along with 1.5 months advance. The agent had been used by the landlord to handle the moving in (deposit, vetting, advance, inventory) but the rent was paid by standing order direct to the landlord. The tenancy agreement was a shorthold one which expired after six months and we verbally agreed to continue on a rolling tenancy.

In '08 or '09 the landlord sold the property to somebody else who agreed (I have it in writing) to take on the tenancy and that everything would continue as normal - all I had to do was make payment via standing order to the new landlord.

All was fine until a few months back I got a letter saying the landlord was not paying his mortgage payments and his lender was going to take him to court to try to gain possession of the property. He lost the case and I got a court order for eviction of the flat.

I'm not sure what type of mortgage the landlord had, I doubt it was a buy-to-let though.

Cheers.

renegade

When I rented a house I paid a deposit to the letting agency,When I left THEY refunded my deposit.

Oldernotwiser

georgiasdragons wrote: »

You should be a priority for housing from the council as you will officially be homeless.

Good
Luck and hope it's not too stressful for u

You just cannot say something as sweeping as this!

If the OP is single, healthy and has no children he will be a very low priority for social housing and, in most areas, will have absolutely no chance of being rehoused by the council.

MissMoneypenny

renegade wrote: »

When I rented a house I paid a deposit to the letting agency,When I left THEY refunded my deposit.

The Deposit Protection Scheme only came in April(?) 1997. Some of the schemes are insurance based, which means the landlord hold the funds. The letting agent can hold the deposit too under the insurance based protection schemes, but it is the landord who is legally responsible for protecting and returning the deposit.