My ex-Landlord is becoming a nightmare

skyegurl

hazyjo wrote: »

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

The issue is that the landlord didn't get permission from Santander to rent the place out, I found this out when a debt collector came knocking at 6:30am looking for him. As far as they knew he was an owner occupier. This basically meant I had very few rights (I have had sessions with both Shelter and the CAB) to begin with.

If he had their OK then the mortgage would be binding on the tenancy and Santander would become my landlord until they sold it to possibly another landlord who would take over.

The problem now is that Santander just want to flog the place and get their money back which means that they want posession of the place. Ascent legal have held off getting a bailiff to take possession to give me time to move as they saw I was an innocent party.

Sorry if I am not clear, I am an engineer not a lawyer, and its just been a nightmare. I have been wanting to live closer to where I work so I moved somewhere closer, nicer and cheaper but I was hoping to wait until the law stopping agents from taking crazy fees came in.

My issue was that I took legal advice from shelter, Civil Legal Advice and CAB and they all suggested that it would be in my interest to move and have stability as opposed to living in a place that I could honestly come home from work to find the locks had been changed and being homeless

skyegurl

I have spoken to Shelter and told them I am planning to move.

I have contacted the solicitors and told them of my plans and they said that is fine, they are pleased I have found somewhere to live and are going to send a field agent for the keys. They already told me that next week they would serve me notice of eviction since Santander are simply not interested in a tenancy to be blunt

skyegurl

sparky130a wrote: »

Stop, stop right there.

Who's solicitors?

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

Solicitors on behalf of Santander Plc .

Been given notice of intention to reposess the place

From Shelter

If a mortgage lender doesn't become your landlord

After a court makes a repossession order, your landlord's mortgage lender won't become your landlord if your tenancy isn't a binding tenancy.

The mortgage lender can apply to the court for any tenants to be evicted by bailiffs. The application can only be made after the court makes a repossession order.

Repossession has been granted as of yesterday, got a formal notice today of the baliffs coming to change the locks. Spoken to shelter and there is nothing I can do about it,

anselld

... but as Pixie asked, what is your problem now?

You are moving tomorrow. You are seeking return of deposit through the protection scheme. It all seems to be a done-deal.

The L being in denial is not your problem any more.

skyegurl

always_sunny wrote: »

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)

Yup I got them checked out. Also I attended the court hearing (as tenants can), since LL didn't show up or send in defense forms it was more or less given immediately to the claimant.

The mortgage wasn't bound on the tennancy (as in BTL mortgages) so I have no rights what so ever to be honest.

I have anxiety problems, both the CAB, a lawyer have told me that I have done the right thing by moving out.

skyegurl

hazyjo wrote: »

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

Yeah I did, I was just naive, I am a transgender woman who has hard a rough few months and I guess I wanted some security for at least a short while and I was just lied to

Mupette

anselld wrote: »

... but as Pixie asked, what is your problem now?

You are moving tomorrow. You are seeking return of deposit through the protection scheme. It all seems to be a done-deal.

The L being in denial is not your problem any more.

Perhaps they needed to let off steam,it made interesting reading for me, something i didn't know.

silvercar

skyegurl wrote: »

Yup I got them checked out. Also I attended the court hearing (as tenants can), since LL didn't show up or send in defense forms it was more or less given immediately to the claimant.

The mortgage wasn't bound on the tennancy (as in BTL mortgages) so I have no rights what so ever to be honest.

I have anxiety problems, both the CAB, a lawyer have told me that I have done the right thing by moving out.

The point of the 2010 act that I referred to earlier is exactly to give tenants rights when the landlord is letting a property without consent ie unauthorised tenancies.

You do have rights: if you had let the court know and shown your tenancy agreement you would have been given the right to remain in the property in the short term.

Lavendyr

I don't see why it matters whether you are male, female, transgender or whatever else. But whatever happens at least you will have a roof over your head!

I do sympathise, though - I've been there - hubby and I rented a property from the landlord from hell a few years back - had bailiffs and debt collectors turning up constantly, his son kept coming round to collect his mail, and eventually we got a notice - same as yours - addressed to the Occupier, advising of commencement of court proceedings to repossess. Turned out LL couldn't afford the mortgage. Luckily he agreed to grant us early exit from our 6 month AST and we found somewhere else with the help of the letting agent he'd used (who were amazing, unusually for LAs - think they'd had about as much trouble with him as we had!). It's not fun and it's very easy to sit at the other end of a computer screen and say "you didn't have to leave" but it's difficult to live with in reality.

zebulon

skyegurl wrote: »

I have contacted the solicitors and told them of my plans and they said that is fine, they are pleased I have found somewhere to live and are going to send a field agent for the keys. They already told me that next week they would serve me notice of eviction since Santander are simply not interested in a tenancy to be blunt

skyegurl wrote: »

I have anxiety problems, both the CAB, a lawyer have told me that I have done the right thing by moving out.

Any of this in writing ?