Landlord, mortgage arrears, reposession

Smoothape

Hello,

Looking for a little advice and guidance. I am in Scotland and received a letter today saying that bank of Scotland might reposess my property.

I have lived here a year without issue and am renting this property through an agency.

Just looking for some steps to take and guidance. I plan on contacting shelter on Monday. Should I withold rent now? Should I try to sue the landlord? I really have no idea where to start.

This is a bad time for me because I don't have enough saved for a depositt on a new property and trying to find a property in Edinburgh is extraordinary difficult in the first place.

Should I contact the letting agency and tell them about this note?

I know my landlord is paying their mortgage as I received a letter about s month ago as their statement. I know reposession is the final outcome when all other paths have been taken. Should I be very worried right now?

My mental health is suffering quite badly right now and I feel a bit suicidal.

elsien

Have you seen this?

https://scotland.shelter.org.uk/get_advice/advice_topics/repossession_of_your_home/tenants_spouses_and_partners

If you're feeling suicidal, please contact someone for support - your mental health team, or the Samaritans for example.

Pixie5740

Smoothape wrote: »

Hello,

Looking for a little advice and guidance. I am in Scotland and received a letter today saying that bank of Scotland might reposess my property.

I have lived here a year without issue and am renting this property through an agency.

Just looking for some steps to take and guidance. I plan on contacting shelter on Monday. Should I withold rent now? Should I try to sue the landlord? I really have no idea where to start.

This is a bad time for me because I don't have enough saved for a depositt on a new property and trying to find a property in Edinburgh is extraordinary difficult in the first place.

Should I contact the letting agency and tell them about this note?

I know my landlord is paying their mortgage as I received a letter about s month ago as their statement. I know reposession is the final outcome when all other paths have been taken. Should I be very worried right now?

My mental health is suffering quite badly right now and I feel a bit suicidal.

You are really determined to withhold the rent, aren't you?

https://forums.moneysavingexpert.com/discussion/5938596/landlord-in-arrears-with-mortgage-lender-help&page=3#topofpage

If you are feeling suicidal contact the Samaritans or dial 111.

https://www.samaritans.org

Bossypants

Pixie5740 wrote: »

You are really determined to withhold the rent, aren't you?

https://forums.moneysavingexpert.com/discussion/5938596/landlord-in-arrears-with-mortgage-lender-help&page=3#topofpage

If you are feeling suicidal contact the Samaritans or dial 111.

https://www.samaritans.org

I thought this sounded familiar... I suppose they were hoping that the unanimous advice they received last time would somehow not be relevant in a new thread with almost the exact same details.

Smoothape

I'm not determined to withhold rent. I've never withheld rent before. I would only do it if it would give me a safety net but wouldn't do it otherwise if it would impact my credit rating and so on. After reading a bit more it is in my best interest to keep paying rent but I wonder what the purpose is if the landlord can't pay their mortgage and I'm being evicted because if them.

Pleaser provide helpful advice. If you are just going to insult me or put me down to make yourself feel better please don't even respond.

davidmcn

Smoothape wrote: »

After reading a bit more it is in my best interest to keep paying rent but I wonder what the purpose is if the landlord can't pay their mortgage and I'm being evicted because if them.

Assuming what you've now received is a calling-up notice, it's at a very early stage in repossession proceedings, and doesn't mean that eviction is imminent or even probable.

Smoothape

Yes it's a calling up notice I received. I don't have a clue about any of it and it's making me scared sh*tless.

Should I contact Bank of Scotland? I have read in other posts on here that contacting the lender is a bad move and could make the eviction happen sooner.

I don't know what to do.

CM66

Ummmm surely if you don't pay rent the landlord is even more likely to default......

Cakeguts

Was the letter that you opened today addressed to you? If so didn't it tell you what to do in this situation?

John_G_Jones

Smoothape wrote: »

I'm not determined to withhold rent. I've never withheld rent before. I would only do it if it would give me a safety net but wouldn't do it otherwise if it would impact my credit rating and so on. After reading a bit more it is in my best interest to keep paying rent but I wonder what the purpose is if the landlord can't pay their mortgage and I'm being evicted because if them.

Pleaser provide helpful advice. If you are just going to insult me or put me down to make yourself feel better please don't even respond.

I’ve read that previous thread, where you made it very clear that you were going to withhold rent, irrespective of the nearly unanimous advice not to.

Your actions in your last place were likely to cause you problems, your stated intentions in this one could stop you renting anywhere for quite some time.

You must honour your contract.

System

You have no legal right to withhold the rent. If you are three months in arrears they can begin eviction proceedings. Any month you don't pay the rent in full even if you pay most of it is counted as being in arrears so don't pay the rent in full in 3 months you're likely to be evicted.

If you make yourself intentionally homeless the council have no obligation to help you. Being evicted for not paying the rent is classed as making yourself intentionally homeless.

Continue to pay the rent. If a notice of repossession arrives once the property is repossessed by the mortgage company telling you to leave then you can take that to the council and they should help you. HOWEVER Just because the property gets repossessed doesn't mean you'll be evicted. If it is repossessed by the mortgage company they become the landlord and you have to pay them rent. They have to follow the same procedures for ending the tenancy as your current landlord does and they also have the same legal obligations to make sure faults are fixed and gas safety checks are done.