Rental property is being repossessed - Do I have to stay until the bitter end???

RAS

DiscoCat54 wrote: »

The agency took care of the deposit on behalf of the Landlord and it has definitely been put in to one of the deposit schemes.

Please make sure that it is still there.

MissMoneypenny

Are you sure there isn't a 6 month break clause?

Probably not top of your list at the moment, but you should have a claim against the landlord (if he has any money) and the letting agents. The letting agent took your money, but the property was not available to Let, as the lenders hadn't given their permission for this. It's also very sloppy of the agent not to check the financial position of a landlord, before they let his property.

If you have a contents insurance policy with the added extra of Legal Cover, sometimes called Family Cover, check your insurance booklet to ensure that it doesn't exclude legal action against a landlord. Then phone your insurers and ask for a Legal claim form. If you don't have this insurance cover, try your credit cards or maybe a no win no fee solicitor.

Jeffrey_Shaw

I agree. L must have included a warranty/covenant for 'quiet enjoyment'.
Allowing repossession, whether actively or passively, is a sure breach thereof!

G_M

Except the property has not (yet) been repossessed. Until it is, there is no breach of the tenancy contract.

The letting agent took your money, but the property was not available to Let,

I'm afraid the property was 'available to let'. The terms of the owner/landlord's mortgage contract are totally separate from the tenancy agreement.

Jeffrey_Shaw

G_M wrote: »

Except the property has not (yet) been repossessed. Until it is, there is no breach of the tenancy contract.

Yes, but post #1 tells us that
I'm currently 5 months in to a 12 month tenancy and I have received a letter stating that the LL has to attend Court on September 9th in response to the application for a possession order from his Mortgage provider. Given that the LL has done a runner to Southern Ireland leaving over 550,000 of debt it is very unlikely that he will attend the hearing and I fully expect for the property to be repossessed.

So it does seem that repossession is imminent.

G_M

Jeffrey_Shaw wrote: »

Yes, but post #1 tells us that
I'm currently 5 months in to a 12 month tenancy and I have received a letter stating that the LL has to attend Court on September 9th in response to the application for a possession order from his Mortgage provider. Given that the LL has done a runner to Southern Ireland leaving over 550,000 of debt it is very unlikely that he will attend the hearing and I fully expect for the property to be repossessed.

So it does seem that repossession is imminent.

Which does not alter my statement

the property has not (yet) been repossessed. Until it is, there is no breach of the tenancy contract.

The OP is asking about options now. Not after the hearing.

DiscoCat54

There is definitely not a 6 month break clause, I have however written to the Landlord asking if I can leave at the 6 month point but as he is ignoring all calls and mails from both me and the letting agent I suspect I am unlikley to have my request granted. The number I have for him no longer works and the address on the contract doesn't even exist.. the immersion heate doesn't work anymore and now the upstairs lights are failing when it rains... It's going to be a long few weeks....

Jeffrey_Shaw

You can leave when the six-month term expires.
You need not serve any Notice To Quit (although it's courteous to tell L in advance), even if the Agreement demands one.

DiscoCat54

Hello Jeffrey. Thank you for your response, I'm signed up to 12 months with no break out clause...

Jeffrey_Shaw

OK. So yes, you are committed to the full term. Did L obtain consent from the mortgagee (lender) for the letting to you?