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Apartment being repossessed... What to do?
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Hi everyone,
Thanks for all the replies. Just wanted to give an update if anyone is interested...
We saw a solicitor on Friday - ended up being a free session so that was great! He told us the following:
1) LL is in breach of contract as there is a clause that explicitly states he must have permission from mortgage co to let to tenants, and he doesn't - until he gains permission from mortgage co (unlikely), he is in breach.
2) To send a letter recorded delivery (not first class) outlining issues (e.g. threat of repo, deposit not protected, mortgage co not knowing about us) and include papers relating to court case. Give him 7 days to respond with proof that he can rectify all above points and if no response take that as his agreement to end contract early without penalty to us.
3) Although we'd be in breach of contract by witholding rent to cover deposit, unlikely that LL will come after us for money, and if he does, we are still legally tenants until 14th May and so we can counter sue for not protecting deposit (deposit + 3x amount) which would more than cover rent owed.
He has until Saturday this week to get in touch.
Just wanted to say thanks for all the advice given
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And what will you do if/when he doesn't sign for the letter? Did the solicitor cover that eventuality?0
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