PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Appointed LPA receivers

Hi I need some help here .
Our property was taken over by LPA receiver just 3 month into our contract. The agents acting on behalf of the LPA receiver have advised we are in a binding contract that ends in October this year and that we are unable to end the contract early. Is this right? My partner and I are itching to move out of this house since this has happened but are being forced to see out our contract. Our first child is due in September and I really could do with out having to move house with a newborn.
Any help would be much appreciated.
Thanks
«1

Comments

  • I should add our property is rented. We oroginallly rented through a local estate agent but now our agents is based 160miles away with little to no interest in us as tenants.
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    That's correct. The only way to end a tenancy early is by mutual consent with the landlord. If they are unwilling to end the tenancy early there is nothing you can do.
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    edited 4 June 2017 at 2:03AM
    Sorry to hear this has happened.

    If you are in a fixed term and there is no break clause then unless you can agree a mutual surrender of the tenancy with your landlord then you are bound by the tenancy agreement.

    However you could be given two months notice under the Mortgage Repossessions (Protection of Tenants etc) Act 2010. In that case you may be asked to move before the fixed term is up. It would help if you can find out if your tenancy is binding on the mortgage lender so do try to find out. If it is you can at least have some piece of mind until the end of the fixed term and will need to be served notice in the usual way should they want you to leave after that. Have a read of this:

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

    See also:

    https://www.gov.uk/government/publications/mortgage-repossessions-protection-of-tenants-etc-act-2010-guidance

    Make sure you read all letters including any addressed to the occupier. Don't assume they are junk mail.
  • sparky130a
    sparky130a Posts: 660 Forumite
    Aimeejoy89 wrote: »
    Hi I need some help here .
    Our property was taken over by LPA receiver just 3 month into our contract. The agents acting on behalf of the LPA receiver have advised we are in a binding contract that ends in October this year and that we are unable to end the contract early. Is this right? My partner and I are itching to move out of this house since this has happened but are being forced to see out our contract. Our first child is due in September and I really could do with out having to move house with a newborn.
    Any help would be much appreciated.
    Thanks

    I don't understand. Who cares where the money goes? You entered into a rental contract. Honour it. The recipient of said funds makes no difference to your personal circumstance.
  • Thank you all for your andvise.
    I understand my personal circumstances makes no odds to the receiver and we will continue to pay rent until we are legally free to move on.

    No one would rent a property under repossesion we entered this contract on completely different terms to what we have been forced into and the situation is not pleasant for anyone to go through.

    Thank you all for your input and understanding.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    See


    * Repossession: what if a LL's mortgage lender repossesses the property?
  • MobileSaver
    MobileSaver Posts: 4,337 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Aimeejoy89 wrote: »
    we entered this contract on completely different terms to what we have been forced into

    What are the different terms you have been forced into?
    Every generation blames the one before...
    Mike + The Mechanics - The Living Years
  • xylophone
    xylophone Posts: 45,578 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No one would rent a property under repossesion we entered this contract on completely different terms to what we have been forced into and the situation is not pleasant for anyone to go through.

    Having read your first post (and GM's Guide), it would appear that your only concern for the moment is to clarify to whom the rent should be paid?

    One assumes that when you took on the tenancy you knew that you were pregnant - you had no guarantee of being able to extend the term so what were your back up plans?

    I'd have thought that moving with a new born was far easier than moving with an active toddler or even with older children where there would be considerations of school etc.

    An infant is easily portable and food's on tap?:)
  • wantonnoodle
    wantonnoodle Posts: 284 Forumite
    I've helped Parliament
    xylophone wrote: »

    One assumes that when you took on the tenancy you knew that you were pregnant

    I would put money on it that this is not the case, unless we are not talking about humans, or you have a time machine (which most of us don't have).

    ASTs are a minimum of 6 months - if it was a 6 month contract, they would have moved in in April, as the contract is due to end in October. 3 months into a contract would therefore be July, so the repossession wouldn't have happened yet. Therefore, it is highly likely that it was a 12 month contract starting in October 2016. As pregnancy lasts 9 months in humans, a due date of September implies conception in January, so 4 months after the start of the tenancy (assuming October move in date).
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I would put money on it that this is not the case, unless we are not talking about humans, or you have a time machine (which most of us don't have).

    ASTs are a minimum of 6 months - if it was a 6 month contract, they would have moved in in April, as the contract is due to end in October. 3 months into a contract would therefore be July, so the repossession wouldn't have happened yet. Therefore, it is highly likely that it was a 12 month contract starting in October 2016. As pregnancy lasts 9 months in humans, a due date of September implies conception in January, so 4 months after the start of the tenancy (assuming October move in date).
    I can't fault your maths, but xylophone still raises (though not directly) a relevant point.

    The pregancy would have arisen whether or not the property was taken over. The repossession changes nothing.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.4K Banking & Borrowing
  • 252.9K Reduce Debt & Boost Income
  • 453.3K Spending & Discounts
  • 243.4K Work, Benefits & Business
  • 598K Mortgages, Homes & Bills
  • 176.6K Life & Family
  • 256.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.