Bank commenced possession proceedings in respect to property I am renting?

chappers

Fair enough they sounded ok. For a start they have responded to your questions , have agreed an early surremder when they don't need to etc.
But obviously thats only half the story.
Fair enough good luck with it all and try not to let it stress you too much.

Flyer333

Hi everyone

I have read through the tenancy agreement again, and it states:

(as part of landlords obligations section)

"The landlord agrees with the Tenant as follows:

5.4 That he is the sole owner of the leasehold or freehold interest in the property and that all necessary consents to allow him to enter into this agreement (superior lessors, mortgage lenders or others) have been obtained in writing
"

Has anyone got any thoughts on this, and whether or not I could pursue the letting agents on this issue?
It is quite expensive having to move at such short notice, and having to take time off from work is preventing me from taking a holiday later in the year.

Any thoughts on the above would be appreciated.

franklee

Flyer333 wrote: »

whether or not I could pursue the letting agents on this issue?

Can I refer you back to post #16 in this thread where I linked to DiscoCat54's thread and quoted a post from him.

Flyer333

Thanks for that.

Also I have put a holding deposit down on another property and because I have only been in this one for several months, they may request a guarantor. I simply can't provide one. I am not friends with a single home owner, never mind one willing to act as one.

Flyer333

Please can someone help?
I am unable to reach agreement with the lenders solicitor (they want me to pay 2 months worth of rental equivalent)
and I have sent a N244 form to the court.

They replied today, sending my documents and form back with a response scribbled at the bottom saying:

"You will need to speak to the landlord because there is a hearing listed on this date. Can't discuss any more information as you are not a name party in this case"

I think the response may have been sent by someone who doesnt have a very good grasp of the english language!

My form, as well as the accompanying letter clearly stated that I wished to be recognised as the tenant at that property and would like to be heard during that case.
I filled in all the details correctly too.

Please can someone advise me what the next step should be?
I am thinking that I should write another letter clearly stating my intentions again, asking that they read the documents properly.
And then attend the court on the day of the hearing, making sure the usher is aware of who I am.

I hope someone can offer some advice on this.

ValHaller

Flyer333 wrote: »

Please can someone help?
I am unable to reach agreement with the lenders solicitor (they want me to pay 2 months worth of rental equivalent)
and I have sent a N244 form to the court.

They replied today, sending my documents and form back with a response scribbled at the bottom saying:

"You will need to speak to the landlord because there is a hearing listed on this date. Can't discuss any more information as you are not a name party in this case"

I think the response may have been sent by someone who doesnt have a very good grasp of the english language!

My form, as well as the accompanying letter clearly stated that I wished to be recognised as the tenant at that property and would like to be heard during that case.
I filled in all the details correctly too.

Please can someone advise me what the next step should be?
I am thinking that I should write another letter clearly stating my intentions again, asking that they read the documents properly.
And then attend the court on the day of the hearing, making sure the usher is aware of who I am.

I hope someone can offer some advice on this.

Clarify please - have you been sending your papers to the court or the lender's solicitor? And who has sent your forms 'back'? Lender's solicitor or the court?

TLP2012

I was in a similar situation. I was advised by the letting agent to stop paying rent for the time being - until I knew who to pay - but to keep it in a savings account so I had it ready to pay the correct party (landlord or bank basically). I requested from NatWest's solicitor that they inform me when the court hearing was. I just turned up and they let me in to speak. I told them my situation and asked for 2 months' grace. This was granted although I didn't need the time in the end as I surrendered early.

The bank may be flexible with you - especially if you pay rent to them which covers the mortgage. In my situation, the court hearing was July, the bank repossessed the flat in early October and it sat empty until the end of January so I would definitely attend the court hearing and try to come to an agreement with the repossessing bank.

We ended up buying the repossessed flat pretty cheap so every cloud and all that!

Good luck, it's a horrible situation to be in.

Flyer333

ValHaller wrote: »

Clarify please - have you been sending your papers to the court or the lender's solicitor? And who has sent your forms 'back'? Lender's solicitor or the court?

I sent the completed n244 form to the court, along with my tenancy agreement and an accompanying letter clearly requesting to be recognised as the tenant of the property.

Flyer333

And the court sent them back today via recorded mail with that exact response scribbled on the bottom of their letter.

ValHaller

Flyer333 wrote: »

And the court sent them back today via recorded mail with that exact response scribbled on the bottom of their letter.

Flyer333 wrote: »

I sent the completed n244 form to the court, along with my tenancy agreement and an accompanying letter clearly requesting to be recognised as the tenant of the property.

OK, no idea on what to do - at least you have not made the error of sending it all to the lender's solicitor. It is 'unusual' to have tenants at a repo hearing to which they are not a direct party - courts usually deal with matters which have 2 parties and I am wondering whether some admin person has messed up here not knowing that you have a right to be heard at a repo hearing.

I suggest you ring the court to check out the procedure and report back here unless someone can give better advice.