My ex-Landlord is becoming a nightmare

skyegurl

Hi,


So I have been living in a rented property for a few months, I have had no issues paying rent etc. to the landlord. All was going well until just before Christmas I got a letter addressed "The Tenant / Occupier " with a red stamp saying "This is not a circular important information enclosed"


So I opened it and it was a letter from "Aspect Legal Services on behalf of Santander" telling me that they have started repossession proceedings against the property due to arrears on the mortgage, that there was a court date and they advise me to contact shelter for legal advice on the matter (also to contact them to confirm receipt of the letter)


So I called the landlord and told him of the letter, he said it was nothing, they had no right to send me the letter and that I should just ignore it and get on with my life and he would sort out whatever "small issue" they had a problem with.


A few weeks later I got another letter informing me of a court case that I was welcome to attend in the county courts, I thought that it may be worth going just so everyone involved is aware that I am legally living at the property. Alarm bells started ringing when the landlord didn't bother showing up to the hearing, and as a result the judge granted a possession order for 28 days later which was last Monday. I found out that as well as not showing up to court he did not enter a defense form and had made no effort to clear the arrears or agree a payment plan.


I have had to find somewhere else to live, I got somewhere sorted but the landlord refused to pick up any calls from the referencing company which made it a complete pain to convince them I am good for the rent (mostly a year of bank statements), and today I have been informed that next week a warrant of execution (or something) will be sought to allow bailiffs to kick out anyone living there and change the locks to the property .


I am moving tomorrow since well I have to have somewhere to live but my ex-Landlord is in complete denial, he is claiming that there was no possession (apparently the court never happened) and that its my fault despite paying the rent on time and that obviously since I have only lived there for less than a year he has been in arrears pending action probably before I moved in (You would think as well as probing everything about a tenant the letting agency would do the same for landlords eh?) and he is just driving me crazy


I plan to lodge a dispute to get my deposit back since it is protected but honestly its just ridiculous, what kind of landlord doesn't bother to turn up to court proceedings for a property he owns! If I was behind on rent he would be off like a flash demanding me to pay up wouldn't he ?

sparky130a

skyegurl wrote: »

I have had to find somewhere else to live,

No, you didn't.

skyegurl

Er yes I did since I have received notice of eviction from the solicitors. Bailiffs are coming on the 14th to take possession of the property.

hazyjo

skyegurl wrote: »

...and they advise me to contact shelter for legal advice on the matter (also to contact them to confirm receipt of the letter)


So I called the landlord and told him of the letter...

Did you actually call Shelter (have you had any contact with them?!) and Aspect Legal Services as instructed? What did they say? As above - you absolutely did not have to move out.


Why on earth would you ring the landlord?! He'd be the last person I'd ring. And if I did - I certainly wouldn't believe him if he said 'it's nothing'.


Jx

hazyjo

(Presumed England.)


http://england.shelter.org.uk/housing_advice/repossession/repossession_by_a_landlords_lender

always_sunny

I think it's easy to say the coulda-woulda-shoulda when not in that situation!
I would find it pretty distressing being in a rented property knowing there is a repo happening within weeks! Just hang around advise seem odd!

(assuming papers about eviction are legit)

silvercar

The Mortgage Repossessions (Protection of Tenants etc) Act 2010 would mean that you showing up in court and making it clear that you are a tenant of the property would protect you from eviction.

If the lender gained repossession, they would take over as landlord of the property and you would pay rent to them.

sparky130a

skyegurl wrote: »

Er yes I did since I have received notice of eviction from the solicitors. Bailiffs are coming on the 14th to take possession of the property.

Stop, stop right there.

Who's solicitors?

You ( presumably ) have a legally binding lease on the property. Your LL's problems are not yours.

Marvel1

sparky130a wrote: »

No, you didn't.

Would be helpful if you explained or provided a link why they didn't.

AndyTails

Be very very careful! As others have said, the bank that repossessed the property is now your landlord. If you leave without terminating the tenancy, you will liable for missed rent payments to your new landlord!


I can see the possibility that the bailiffs are to take possession of the property from the landlord, but they can't take it from you. Talk to Shelter as the original letter told you to!

Pixie5740

What is it you need help with as it isn't clear from your OP?