rental property repossession help please

teeni

G_M wrote: »

Bumped for feedback on post 5.

Excellent post would just add that the tenant will need to take evidence of the tenancy to the court and if possible apply before hand on an n244 to be joined to the proceedings or the court may not give them the right to speak.

If they have not applied before hand they need to attend the hearing and provide evidence of the tenancy to the court and the judge can grant the necessary permission on the day.

hannah29_2

Thanks all for the advice. Landlord got in touch today and has arranged a meeting with us on Friday! We feel quite uneasy so are starting to look for other accommodation. Will keep posted on any other developments.

G_M

hannah29 wrote: »

Thanks all for the advice. Landlord got in touch today and has arranged a meeting with us on Friday! We feel quite uneasy so are starting to look for other accommodation. Will keep posted on any other developments.

Please let us know.

Bear in mind that however nice he is, if he is in financial difficulties
a) he may not be complete open/honest with you
b) he may not know exactly what he can/can't do
c) he may not know what the mortgage lender can/will do

So don't take everything he says as gospel.

Consider with-holding / delaying your rent. I very rarely suggest this to tenants, but until you know for sure exactly what is going to happen, and who is entitled to your rent, consider putting it to one side to pay later....

hannah29_2

well meeting over. we think he has been straight with us but not looking good. it seems the bank did not take mortgage payments and failed to do so for some months, the money for the payments was put aside for when they asked but unfortunately finances took a turn for the worst with the landlord and he ended up using it - then the bank came back asking for their payments in full. i know there was glitches at the bank last year so i have no reason to doubt and the LL has admitted he was stupid to use it but had no choice. Looks like repossesion is on the cards very soon.
thanks all for the advice, hope it helps someone else in the future

Werdnal

Did you ascertain whether it is a BTL mortgage, or whether he has CTL on it if it was a residential mortgage he converted to allow you to rent it?

Are you attending the hearing as suggested in several replies.

Both these issues are VERY important to securing you some more time in the property! Don't just take the landlord's word for it that he will handle it as he doesn't seem to have done a very good job of it up to now. You need to state your case and make it known that you want to stay as long as possible to give you time to secure another property.

Just out of interest, if you paid a deposit, did LL protect it? If property is repo'd you will need to get the deposit back, as landlord will have no hold over the property or your tenancy and if he is in financial trouble, the deposit may have been "spent" if he hasn't correctly lodged it in a scheme! If he has lodged it, you need to request it back as soon as you know the repo is going ahead. In your first post you seem a little vague about this, but he should have given you the info on which scheme he used within 30 days of the deposit payment - if he hasn't ask for it now before he disappears into the sunset!

whalster

You have been renting this house for four years and as you have said like it ,I don't know what your position is or the size of the house mortgage outstanding by the landlord etc etc but it would be an ideal time if thinking of buying a property to talk with your landlords lender, They are obliged to get best market price however the market is not that great at the moment and you may qualify for one of the new shames outlined in the budget .I know there is still the 5% deposit but even in normal circumstances a mortgage can be less than rent on a property ,with this one you have a further advantage

franklee

G_M wrote: »

Bumped for feedback on post 5.

Very good post.

One thought, you give a link to the legislation for the Mortgage Repossessions (Protection of Tenants etc) Act 2010 which is good but often people find reading legislation "dry" and it doesn't give the rationale behind why the legalisation was needed and what steps a tenant should take so I think a link to the guidance to the act is also worthwhile for a tenant to read. The guidance also gives an outline of the procedures and forms involved:

https://www.gov.uk/government/publications/mortgage-repossessions-protection-of-tenants-etc-act-2010-guidance

Although it does leave a lot of questions open over the logistics IMO.

The Shelter link is also useful IMO for a shorter overview of if the tenancy is binding on the lender or not and to give the reader the basics before wading into the details of legalisation.
http://england.shelter.org.uk/get_advice/repossession/repossession_by_a_landlords_lender

For a newcomer to the subject I'd suggest reading the Shelter link first, then the guidance to the act, then the act itself.

PS: Also the tenant must have asked the lender first (in writing) before asking the court for the delay. I do not know if that's enforced strictly but I'd be wary of missing that step!

neverdespairgirl

hannah29 wrote: »

well meeting over. we think he has been straight with us but not looking good. it seems the bank did not take mortgage payments and failed to do so for some months, the money for the payments was put aside for when they asked but unfortunately finances took a turn for the worst with the landlord and he ended up using it - then the bank came back asking for their payments in full.

I don't mean to be rude, but that all sounds inherently improbable. There might have been one payment not taken for a day or two, but nothing that would result in the size of arrears leading to repossession.

G_M

This post is redundant.

I am posting to ensure the thread does not get closed (which happens 2 years after the latest post).

I will therefore be able to continue to update post 5.