who owns items in rented property?

DVardysShadow

G_M wrote: »

1) If the property has been repossesed via the courts (the only way it can be done) one of 2 things can happen: ...

Could also be a voluntary repo, which I don't think would require a court. And this would, I think would maintain the tenancy.

spidereyes wrote: »

Apologies - the letter was from the landlord, saying control was now with the bank and gave me a contact at the bank should I have any queries.

Looks like LL has gone for voluntary repo, unilaterally. But bank don't seem to have accepted yet - possibly because of the tenancy.

Don't pay rent to either party now until ownership is resolved - but do keep the money to one side.

spidereyes

DVardysShadow wrote: »

Could also be a voluntary repo, which I don't think would require a court. And this would, I think would maintain the tenancy.


Looks like LL has gone for voluntary repo, unilaterally. But bank don't seem to have accepted yet - possibly because of the tenancy.

Don't pay rent to either party now until ownership is resolved - but do keep the money to one side.

Thanks,

Should I in which case write to both LL and bank stating reasons for not paying rent in the short term, or is this something that I should leave until chased?

If needs be Ive drafted a letter to both which outlines my reasons for non payment which I would appreciate if someone could cast an eye over.
Annoyingly I work within a division of a solicitors firm, just my particular office doesn't deal with conveyancing issues, otherwise I would have asked for some advice there.
I appreciate everyones help here

DVardysShadow

spidereyes wrote: »

Thanks,

Should I in which case write to both LL and bank stating reasons for not paying rent in the short term, or is this something that I should leave until chased?

If needs be Ive drafted a letter to both which outlines my reasons for non payment which I would appreciate if someone could cast an eye over.
Annoyingly I work within a division of a solicitors firm, just my particular office doesn't deal with conveyancing issues, otherwise I would have asked for some advice there.
I appreciate everyones help here

Avoid the terms non payment and not paying. This could so easily be taken the wrong way and used against you. You must express it in terms of "keeping payment to one side until such time as the repo has been resolved and correct apportionment can be agreed". And keep the letter short. Really short. You need no more reason than what I have suggested, so 2 sentences max.

G_M

You mentioned repairs above. You could include them too. Though that might disuade the bank from accepting the liability.

You have not let us know
* what tenancy (and therefore security) you have
* whether the LL had CTL/BTL (though I'm guessing yes since the bank seems to know of your presence)

rentergirl

Please tell mw you got proper legal advice. You might think you are being protected, but actually your rights are few, and you need to make sure you have everything in writing, this included. I don't imagine the landlord of multiple repoed properties would want all those fridges. But make sure.

spidereyes

Just wanted to update on this thread -

This afternoon we had a letter through the door addressed to 'the occupier'. Opened it up and it was a letter from the bank - filled with stupid sentences that make no sense to me really.
I *THINK* what its saying is that the ex LL has given up all interest in the property, all rights to my teancy and all rights to the money from the rent.
Its telling me I have 5 days to acknowledge receipt of the letter and to sign that I agree to what it says etc and telling me that until further notice I still need to keep paying my rent to the (ex) landlord's bank account, which I admit I just simply do not understand - Im assuming because the bank now has control of it however this is whats making me uneasy - there is still no news on a management company being instructed however, even more things now need fixing at the house and Im seeing no sign of this actually being done. Its been over a month now and its getting a bit of a joke. Why the hell should I be paying X company when they arn't doing anything to fix my damn house!

My question is though (maybe one for CAB?) if someone else becomes my landlord is there no way out of the tenancy agreement? The bank are saying my tenancy is still valid and that my tenancy will remain under the current terms however my tenancy agreement is with a company which say they no longer have any responsibility to my property and therfore in theory at least I see it that means my tenancy becomes void? Surley without signing anything (unless this is what this letter I have to sign from the bank is about) I don't need to accept anyone else to become my landlord?

G_M

Unless you tell us what the letter says it is hard to advise.

filled with stupid sentences that make no sense to me really but it's basically telling me I have 5 days to acknowledge receipt of the letter and to sign that I agree to what it says

If you don't understand it, you canNOT sign to agree it! Tell us what it says!

Either the bank has repossessed, and is your landlord, in which case you pay THEM (but them telling you to pay the old LL indicates this has not happened yet) OR

They have not repossessed, in which case I would follow the advice we have previously given you - do NOT pay the rent, but set it aside and write telling the LL what you are doing.

Repairs - as said before, these will probobly not be dealt with till ownership is sorted out. But you should report them all in writing, ideally to both the LL and the bank. If urgent, do them yourself as advised before.

bris

The tenancy is still valid, the ownership of the house makes no difference to the tenancy. You should now write to the bank and tell them of the repairs needed and ask for a timescale of the works being done, you still have the same rights to this.
If the letter is a valid one from the bank then just pay to the same account as instructed, the bank will be in control of it anyway and there is a good chance any funds lodged to it will just be swallowed up by a huge overdraft.
If you want out of the agreement you could ask to be released from the agreement early, there is a good chance they will want you out at the earliest opportunity anyway, especially as the place need repairs done.

spidereyes

The letter says
"we give notice under a debenture dated 18th September 2006 that XXXX charged and assigned to the bank all thier right title and interest in and to your lease and the moneys from time to time due to them under the lease of the property.
We irrevocably and unconditionally instruct you until you recieve notice from us to the contrary that any rent payable by you under the lease ....... is payable to XXXX" (my ex landlord) and they then give me the account details.

"Please confirm your agreement to these instructions and authorisations by signing the enclosed acknowledgment........"

"You may be liable to eviction proceedings should you continue to pay any rent payable under the lease to any person or account rather than the bank details above"

The acknowledgment then says

" we confirm that we have not recieved notice that any third party has or will have any right or interest in or has made and will be making on or taking any action in respect of, the rights of the borrower as defined in the notice under the lease and we shall continue to pay all rent payable by us under the lease into the rent account as defined in the notice and we shall continue to pay those monies into the rent account until we recieve your written instructions to the contrary

To me that just says they want me to continue paying my ex LL. Im assuming as Bris said above then it its because they have control of the account. But to me that still doesn't say whats going on with my propertry

BitterAndTwisted

What's going on with the property is that the bank will be taking over responsibility for your tenancy. Once that happens you may or may not receive instructions to pay your rent into another bank account.

This sounds like a BTL empire gone to the wall. Sooner or later the bank will be responsible for any maintenance and repairs, normally through a property management company appointed by the Official Receiver. Then you'll pay your rent to them and they will be the ones coordinating repairs. I worked for such a Man. Co. a while back and they were repairing roofs, putting new double-glazing in, replacing washing-machines and all sorts. It doesn't have to be a completely bleak outlook.