Help: tenant in a house that is being repossessed

jennyj26uk

Hi I was wondering whether anyone has been in a similiar situation to this. I'll try and keep this short and sweet. Basically I'm a tenant in a private rented house. My partner and I have rent arrears of £2,500. We informed the landlord we were having financial difficulties and she refused to help. She is abusive and won't sit down and talk about this as responsible adults. We have heard through word of mouth that she was taken to court and a repossession order has been made. The landlord has not told us this herself but told my partners family so as I say its all hearsay. Obviously my partner and I are panicking wondering what the hell is going on. We have had no section 21 notice and the only letter to arrive was one stating the court hearing which was the 26th of february. The first we hears of all this was when the landlord let herself into the property last Sunday to get her belongings which is illegal as she gave no notice. We strongly suspect that our tenancy is not binding on her mortgage meaning we suspect that she has broken her mortgage agreement and that the bank have no idea we are here. She also did not deposit our bond which the council told us we are entitled up to 3x the amount back because she didn't deposit it. We have been to the local council and citizens advice. The council were helpful and it came to light that as long as we have had no notice they cannot evict us and that our landlord has broken the law several times over as she has not carried out any gas safety checks or PAT tests the whole time we have been there. The council were really annoyed with her for not helping us and said that she should have accepted a lower payment and put the rest herself to avoid losing her house. As it stands today the council say there is no threat of homelessness unless we go back with a section 21 notice. They are going to ring the landlord but so far have been unable to contact her. We only have a.mobile number for her and no address so she is virtually uncontactable. I know it's bad we missed payments but we tried our hardest to make an arrangement. We just don't know what to do anymore and are running out of options. I'm hoping our appointment with citizens advice next week will help us even of we can ask the court to gi e us another month or two to find somewhere if we explain our situation. We are still paying rent at the moment and paid this months. I am literally exploring every option but everyone says until we have been served a notice they cannot evict us. I understand that if your tenancy is binding on the landlords mortgage then you have more rights and the lender can become your landlord. I'm holing the bank can come to some form of arrangement with us because the landlord seems to have given up and hasn't even explored her options or tried to stop the repossession. Has anyone been in a similar situation? I don't want any horror stories or scare mongering as I know people have a habit of doing that on these forums. I just want some good practical advice please as we are sick with worry. Thank you.

gik

You should go back and edit your post into paragraphs as it's fairly unreadable.

stebiz

If the bank have been given the repossession by the court they will shortly call around to the property to change the locks. If you don't know the bank in question you can find their details by paying £3 online at the land registry. It would be in your interest to advise them accordingly that you live there as a tenant.

All the other information is really irrelevant. The lender cannot rent you the property and it is pretty pointless paying the landlord if they no longer own it. If you don't leave voluntarily the bank will get a court order and will remove you.

I'd keep any rent and look for somewhere else. You being unable to pay the landlord may have contributed to both of your downfall - sadly.

franklee

Long post, I think these are the relevant bits:

jennyj26uk wrote: »

We have had no section 21 notice and the only letter to arrive was one stating the court hearing which was the 26th of february.

jennyj26uk wrote: »

everyone says until we have been served a notice they cannot evict us.

True if there is consent to let, not true is there isn't.

jennyj26uk wrote: »

I understand that if your tenancy is binding on the landlords mortgage then you have more rights

Yes. Read this:
http://england.shelter.org.uk/get_advice/repossession/about_repossession/repossession_by_a_landlords_lender

And then the Guidance to the Mortgage Repossessions (Protection of
Tenants etc) Act 2010:
https://www.gov.uk/government/publications/mortgage-repossessions-protection-of-tenants-etc-act-2010-guidance

Contact the lender. Ask if there was consent to let. If you cannot find out I'd assume there isn't and ask for a two month delay.

Make sure you attend the court hearing, let them know you are the tenant living there. Make sure you understand what's happening.

Don't pay too much rent upfront you won't be able to claim it back if there is any unused when you get kicked out.

Gingernutty

jennyj26uk wrote: »

Hi I was wondering whether anyone has been in a similiar situation to this.

I'll try and keep this short and sweet.

Basically I'm a tenant in a private rented house. My partner and I have rent arrears of £2,500.

We informed the landlord we were having financial difficulties and she refused to help. She is abusive and won't sit down and talk about this as responsible adults.

We have heard through word of mouth that she was taken to court and a repossession order has been made. The landlord has not told us this herself, but told my partners family, so as I say its all hearsay.

Obviously my partner and I are panicking wondering what the hell is going on.

We have had no section 21 notice and the only letter to arrive was one stating the court hearing which was the 26th of February.

The first we heard of all this was when the landlord let herself into the property last Sunday to get her belongings which is illegal as she gave no notice.

We strongly suspect that our tenancy is not binding on her mortgage meaning we suspect that she has broken her mortgage agreement and that the bank have no idea we are here.

She also did not deposit our bond which the council told us we are entitled up to 3x the amount back because she didn't deposit it.

We have been to the local council and citizens advice. The council were helpful and it came to light that as long as we have had no notice they cannot evict us and that our landlord has broken the law several times over as she has not carried out any gas safety checks or PAT tests the whole time we have been there.

The council were really annoyed with her for not helping us and said that she should have accepted a lower payment and put the rest herself to avoid losing her house.

As it stands today, the council say there is no threat of homelessness unless we go back with a section 21 notice.

They are going to ring the landlord but so far have been unable to contact her. We only have a mobile number for her and no address so she is virtually uncontactable.

I know it's bad we missed payments, but we tried our hardest to make an arrangement. We just don't know what to do anymore and are running out of options.

I'm hoping our appointment with citizens advice next week will help us even of we can ask the court to give us another month or two to find somewhere if we explain our situation.

We are still paying rent at the moment and paid this months.

I am literally exploring every option but everyone says until we have been served a notice they cannot evict us.

I understand that if your tenancy is binding on the landlords mortgage then you have more rights and the lender can become your landlord.

I'm hoping the bank can come to some form of arrangement with us because the landlord seems to have given up and hasn't even explored her options or tried to stop the repossession.

Has anyone been in a similar situation?

I don't want any horror stories or scare mongering as I know people have a habit of doing that on these forums.

I just want some good practical advice please as we are sick with worry.

Thank you.

gik wrote: »

You should go back and edit your post into paragraphs as it's fairly unreadable.

What was stopping you from doing that?

specialboy

Looking at a previous post of your it appears you have moved in with your parents and split up with your partner, surely this is a good result all round since you couldn't manage to afford the rental payments anyway. If you hadn't got into arrears maybe the LL wouldn't have lost their house and ultimately your ex's home

jennyj26uk

Gingernutty wrote: »

What was stopping you from doing that?

In case you hadn't noticed I had a bit more to worry about than paragraphs and if you do not have anything helpful to say other than sarcy comments then do not bother replying at all!

jennyj26uk

specialboy wrote: »

If you hadn't got into arrears maybe the LL wouldn't have lost their house and ultimately your ex's home

Thanks for stating the obvious. Well this is the last time I visit these forums as I have had nothing but sarcy replies. I am going to stick to the advice citizens advice and the council have given me as they are on our side.

Freecall

jennyj26uk wrote: »

In case you hadn't noticed I had a bit more to worry about than paragraphs and if you do not have anything helpful to say other than sarcy comments then do not bother replying at all!

I know you have a lot to worry about but clear writing with good grammar is a form of politeness and courtesy to the reader since it aids understanding.

More importantly in your case is the fact that it increases the likelihood of getting meaningful help and advice.

bebewoo

So you didn't pay your rent causing your landlady to lose the house, and you are blaming everybody except yourself?
That's so cruel on your poor landlady, did not realise that she was most likely not a billionaire, and was instead using the rent to pay the mortgage? So no rent = no mortgage.

poppysarah

jennyj26uk wrote: »

Hi I was wondering whether anyone has been in a similiar situation to this. I'll try and keep this short and sweet. Basically I'm a tenant in a private rented house. My partner and I have rent arrears of £2,500.

We informed the landlord we were having financial difficulties and she refused to help. She is abusive and won't sit down and talk about this as responsible adults. .

Your time to start discussions was when you started having trouble with paying the rent.
At the very first sign of that you should have spoken to her.

Have the council told you you'll get rehoused if you have rent arrears?