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rented home, letter from owner's mortgage company
confused76
Posts: 12,680 Forumite
Hi there
I received a letter addressed to 'the occupier' recently stating that the mortgage company for my landlord were taking the landlord to court next month with a view to reposession.
Having spoken to the LL, the property isn't on a buy to let mortgage and NRAM don't know we are here. We signed a 12 month tenancy last year which expires in April. Does this make the tenancy nul and void?
Thank you
I received a letter addressed to 'the occupier' recently stating that the mortgage company for my landlord were taking the landlord to court next month with a view to reposession.
Having spoken to the LL, the property isn't on a buy to let mortgage and NRAM don't know we are here. We signed a 12 month tenancy last year which expires in April. Does this make the tenancy nul and void?
Thank you
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Comments
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No, it doesn't alas. Only a court-order can do that.
You MUST make your presence known at the court hearing. The lender may choose to evict you via court at a later date once they know you are in the property. Until that happens you are between a rock and a hard place. Meanwhile you must start saving and planning for your onward move.0 -
Thanks B&T. I feel a bit stuck because i know the LL is planning on going to court and saying he still lives here! If i make my presence known is it possible that the bank will keep us on?
I've started looking...0 -
You must go to court...and seek shelters advice before..It is nice to see the value of your house going up'' Why ?
Unless you are planning to sell up and not live anywhere, I can;t see the advantage.
If you are planning to upsize the new house will cost more.
If you are planning to downsize your new house will cost more than it should
If you are trying to buy your first house its almost impossible.0 -
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confused76 wrote: »Thanks B&T. I feel a bit stuck because I know the LL is planning on going to court and saying he still lives here! If I make my presence known is it possible that the bank will keep us on?
I've started looking...
In which case there is an even more compelling reason to attend court!
It's difficult to anticipate what the lender may decide to do. If the mortgage-payments are in serious arrears, and we know that they are, and there is serious negative equity in the property but your future rent-payments are enough to cover the interest and more, the lender may decide to honour your rental-agreement. I suppose quite a lot depends on how confident the lender is are that the landlord has assets that they can recover over time. Your LL may just about to go bankrupt and that could change everything and affect the lender's attitude. Who knows?0 -
You must go to court...and seek shelters advice before..
thank you...i will call Shelter tomorrow
that's great, thank you, i'll have a read of this nowBitterAndTwisted wrote: »In which case there is an even more compelling reason to attend court!
It's difficult to anticipate what the lender may decide to do. If the mortgage-payments are in serious arrears, and we know that they are, and there is serious negative equity in the property but your future rent-payments are enough to cover the interest and more, the lender may decide to honour your rental-agreement. I suppose quite a lot depends on how confident the lender is are that the landlord has assets that they can recover over time. Your LL may just about to go bankrupt and that could change everything and affect the lender's attitude. Who knows?
i know that the rent we pay doesn't cover the mortgage repayment. I'll give Shelter a call tomorrow.
Thanks everyone for your input x0 -
As others have said:
1. Get advice from Shelter
http://england.shelter.org.uk/get_advice/repossession/repossession_by_a_landlords_lender
2. Make sure you attend the court hearing with a copy of your tenancy agreement and any other proof that you live there e.g. a utility and/or council tax bill (just to rebut the LL's claims that he still lives there).
Might also be worth sending the lender a copy of the tenancy agreement for their information - they won't correspond directly with you probably, for Data Protection reasons, but at least you've done what you can.0 -
Important question to think about now. Is your deposit protected?Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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As others have said:
1. Get advice from Shelter
http://england.shelter.org.uk/get_advice/repossession/repossession_by_a_landlords_lender
2. Make sure you attend the court hearing with a copy of your tenancy agreement and any other proof that you live there e.g. a utility and/or council tax bill (just to rebut the LL's claims that he still lives there).
Might also be worth sending the lender a copy of the tenancy agreement for their information - they won't correspond directly with you probably, for Data Protection reasons, but at least you've done what you can.
thank you...i'm going to ring Shelter now...
DVardysShadow wrote: »Important question to think about now. Is your deposit protected?
no! when we moved in i told them it needed to be protected by law, they had never heard of the scheme, and they said they would, but we haven't had any correspondence so i'm assuming it isn't... :cool:0 -
Assume absolutely nothing. The lack of deposit-protection could prove to be your ace-in-the-hole at some point should you need it.
Check with all three schemes yourself right away, you can phone them if necessary: DPS, TDS and MyDeposits.0
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