Advice would be appreciated (LL issues)

Yorkie1

If the LL has consent to let / a buy to let mortgage, then if the court grants the repossession order, both you and the lender will be bound by the terms of the tenancy in the same way that you and your LL currently are.

If the LL did not have consent to let / buy to let mortgage, then you are entitled to 2 months' notice to find another property if it is repossessed, as long as you've let the court know about your tenancy and turned up at the hearing as advised previously.

So you are not going to be out on your ear with no notice, as long as you deal properly with any letters addressed to the occupier.

In the meantime, keep a copy of your tenancy agreement next to the door to show any bailiffs that you are not the LL. Do not let them in to the property. I assume that you told the council when you moved in, so that they have a record of the date that your own CT liability started from?

gaz141

if it were me, I would go to the Citizens advice folk as I certainly would not be waiting for the axe to fall. If your landlord/agent cannot provide evidence they have protected your deposit in the only government allowed schemes, then I would go back to your agent and ask why not, they have to do this legally and provide you with the information for you to verify. this is not optional, your contract is with the agent and not the LL, although most agents i have experience with will try to backpedal and make you deal with the LL. and if you need a small one bedroom flat in balham/tooting bec before the end on June let me know. But no, seriously, I would go the CAB and get some advice.

DVardysShadow

gwp1982 wrote: »

.... Couple of weeks back, bailiff letters received for unpaid council tax, I took these straight to him as I know where he works and told him politely to sort it out - nothing furtehr received as yet.

Re council tax, is this for previous tax ? Hopefully you are paying your own tax direct to the council. If you are paying it to the Landlord, please do let us know, because the council will be after you as occupier before they are after your Landlord.

Gwp1982

I wont be waiting for axe to fall hence gaining more opinions on here so I can weigh up the options.

Deposit is held in approved scheme, TDS, states all details in AST.

Paying all bills direct to council/utilities etc so no worries as such on that front and council know exactly when I moved in, arrears are over 2 years worth, i only moved in at start of this year. Bailiffs do not worry me too much, I am confident that I can deal with them accordingly, just didnt want them coming round when my partner is home alone! I am more concerned about getting a knock at the door and a "get out of this property" speech!! By the sounds of it worse case scenario I would have 2 months notice?!

Thanks for your insights, your all very kind in replying.

And Gaz141, wrong end of the Northern Line, allergic to south of the river ha ha

gaz141

hope it all works out.
and sarf of the river is great! we have grass, trees, lidos, Commons, you know, the stuff north London doesn't

marleyboy

I would be tempted to reply to the letters, quoting the reference number and stating you are the renting tenant of said property and recommend they forward further mail to his personal home address of........

franklee

We have a whole sticky thread to help with this "RENTING? Check your LL has permission to let that property". Start at the end and work backwards till you see links to the Mortgage Repossessions (Protection of Tenants etc) Act 2010 guidance and links to Shelter's page. Follow said guidance.

To make it easier as I'm feeling helpful links are e.g. from here:
http://forums.moneysavingexpert.com/showpost.php?p=42187220&postcount=403

tbs624

gaz141 wrote: »

If your landlord/agent cannot provide evidence they have protected your deposit in the only government allowed schemes, then I would go back to your agent and ask why not, they have to do this legally and provide you with the information for you to verify. this is not optional, your contract is with the agent and not the LL, although most agents i have experience with will try to backpedal and make you deal with the LL. .

my bolding. No, the the T's contract is with *the LL*: the LA acts on the LL's behalf.

OP - check online that your deposit *is* scheme registered, don'tsimply take what is stated in your tenancy agreement as being evidence that the LL has actually done the job. Do youi have any details from the DPS with log-in info etc?

Edited to add - see here for how you can deal with random debt collectors/bailiffs chasing debt that is not yours