Landlord's property being repossessed! What can we do?!?

Aka_Breeno

Hi all,

Sorry bout the bad title, been a bit stressed out today!

Myself and my partner moved into a new property last month. This morning however, we recived a letter addressed to "The Tenant or Occupier" from Shoosmiths Solicitors informing us of

"Notice that your home is at risk by the Dwelling Houses (Execution of Possession Order by Mortgagees) Regulations 2010.
You will also receive notice of an eviction appointment from the court shortly.
If you need housing advice or you have no where to move to please contact the agencies below and confirm to us that you have done so. "

:eek::eek::eek:

Our landlord's lender (Santander) is applying to the court for a warrant for possession against the property on the 22/07/15.

We found the property through a letting agency and moved in on the 05/06/15. In total we paid
•£140 holding deposit
•£480 months rent in advance
•£480 bond
•£170 agency fees

Despite leaving the landlord multiple voicemails since 9am, he has yet to get back to us. My partner rang the letting agency who told him it has nothing to do with them as they only arrange the initial letting!!:mad:

We're in a pickle now as if this goes ahead, we'll need to find somewhere else to live, Pronto!

Im going to try and find out if the Ll has a Buy to let mortgage in the morning. At the moment the next rent payment is due tomorrow but I've stopped it for two reasons
1.) It might make to LL finially get in touch
And
2.) If sh*t hits the fan we might need it for the next property!

I feel annoyed at the letting agency, surely seeing as we were both vetted to within an inch of our lives, they could of extended the same courtesy to the landlord! ?? Part of me wants to find out if the landlord hadnt the right to let to tennants, could we possibly sue??

Sorry if its a bit long winded but I'm BEYOND stressed right now!:o

(P.s. Can i stop my council tax paynent or is that a bit chavvy?)

HappyMJ

I would stop paying rent as well.

You shouldn't stop paying the council tax. They'll be entitled to their money no matter what.

Where is the deposit? Is it held by the landlord, the agent or is it lodged somewhere?

Aka_Breeno

Thanks HappyMJ

I've stopped the rent...so we'll see how long it takes the landlord to realise!

Deposit is held in the DPS Scheme (its still there, I've just checked) Also I've messaged them explaing the situation and asking if thsres any way to release the deposit early as we have a 6 month tenancy.

Kudos for the council tax, ill keep that going.

Pixie5740

Your contract is with the landlord not the letting agency. You have no contract with the letting agency they are simply employed by the landlord to act as his agent.

If your landlord has a BTL mortgage or consent to let then should the property be repossessed then Santander will become your landlord. The fact their letter was addressed to "the tenant or occupier" could be a good sign.

Do you have a fixed term contract if so how long is it for? 6 months? 12 months?

Definitely keep paying your council tax as it is a priority bill and the council are due the money regardless. Sitting aside the rent until you know one way or another who your landlord is, is a good idea.

bouicca21

I was in a similar position a couple of years ago. Got excellent advice from
Shelter about how to delay eviction. Give them a ring.

I don't think you should put yourself in the wrong by not paying rent, but it may well be better to pay a similar amount as an occupation charge to the repossessing bank - again ask Shelter.

And as others have asked, is your deposit protected?

silvercar

If the landlord has the correct mortgage, then the lender will take over as your landlord for the remainder of the fixed term.

If the landlord was letting on a residential mortgage then the Mortgage Repossessions (Protection of Tenants etc) Act 2010, will give you at least 2 months. You must let the lender know you are in the property and attend any court hearing.

Kynthia

Open any post addressed to the occupier as it's for you. The fact is was addressed to the tenant or occupier rather than just occupier could be a sign the owner had permission to let which is a good sign, but only the lender can confirm. Attend any court case dates and check out Shelter's website as they have info on what to do in this situation.

It's possible the landlord will pay off his arrears and this will all be cancelled. However information is key for you right now so look up Shelter's website.

Pixie5740

You might find this guide to Repossession: What if a LL's mortgage lender repossesses the property? useful.

Guest101

You should be safe for the initial contract period (6 or 12 months usually).

Make sure you get the court date and submit your position (use shelter to help, they are fantastic at this)

thesaint

Who is holding the deposit?

franklee

The letting agent should have checked the landlord has consent to let, go back and ask them if they did. If they say they did ask for proof. If not you may have a claim against them or at least a complaint. You need to establish if there was consent to let or not as that affects what happens next. There is a lot to read, start with GM's post linked to above plus the Shelter "Repossession by a landlord's lender" page and the "Guidance to the Mortgage Repossessions (Protection of Tenants etc) Act 2010" both linked to in GM's post.

You need to establish if/when you can leave. On the one hand you are bound by the six month fixed term so cannot just leave. On the other hand the repossession may trump this. Then again the LL may pay the shortfall and stave off the repossession so you are still bound by the six months.

The lender almost certainly won't talk to you but you need to write and let them know you are there. You have to know what is going on so make sure you attend the court hearing, take a copy of your tenancy agreement with you. Tell them you are the tenant and make sure you understand if/when you have to leave.

If you are in rent arrears you likely lose the protection of the Mortgage Repossessions (Protection of Tenants etc) Act 2010. I hope you have enough money saved up to to be able to move again and still pay rent where you are until you are free to leave.

You landlord should not have let the property with action for repossession imminent so there may be a claim there if you have to move early but I doubt there is any money! Keep a note of what it costs you just in case.