Landlord Under Repossession Order

darkcyde

Hi all

I've just had a letter from Co-Op (Platform) legal company stating that the house we rent is currently undergoing a repossession order. We've been in the house since 2010. The court date is 1st July and I intend to attend the hearing where my landlord will also be.

I have a few questions if anyone can answer them...

The Legal firm has said that they will seek vacant possession of the property....if the hearing is 1st July what sort of timeline can I expect until I need to move out? If the order is granted, then I know I can request a 2 month time period in order to allow me to find a new place to live, but when would that 2 months start? From 1st July or from when the legal firm apply for our eviction?

Where do I stand regarding paying rent after the repossession goes through? I'm looking to secure a mortgage, so don't want to do anything that might effect my credit in the meantime, but I also need to find a large deposit, even if I were to move to another rent, I still need a fairly large sum to order to do this, so would I be expected to pay rent whilst the mortgage company evicts me, or can I withhold it....would they seek to recover the rent? Would this be within the timescale of me securing my mortgage (I almost have a decision in principle)?

My landlord never gave me details of any tenant deposit protection scheme, and knowing him he never bothered. Where do I stand if he didn't? Can I withhold rent until I see evidence that he has now done that?

I've got a million things going round in my head....trying to find a suitable house to rent is proving to be a nightmare as we have quite tight requirements (3 vehicles (2 personal, 1 works)) which we need and cannot get rid of, so plenty of parking is a must, and that is hard to come by these days, especially in new builds!

We have increased our potential rent up to £1000 a month, and still struggling to find anything!

Comms69

darkcyde wrote: »

Hi all

I've just had a letter from Co-Op (Platform) legal company stating that the house we rent is currently undergoing a repossession order. We've been in the house since 2010. The court date is 1st July and I intend to attend the hearing where my landlord will also be.

I have a few questions if anyone can answer them...

The Legal firm has said that they will seek vacant possession of the property....if the hearing is 1st July what sort of timeline can I expect until I need to move out? If the order is granted, then I know I can request a 2 month time period in order to allow me to find a new place to live, but when would that 2 months start? From 1st July or from when the legal firm apply for our eviction? - it's not that simple. If the LL has declared everything, then they will simply become your new landlords and have to follow the same process 6-9 months. It is important you attend incase they don't know you exist.

Where do I stand regarding paying rent after the repossession goes through? I'm looking to secure a mortgage, so don't want to do anything that might effect my credit in the meantime, but I also need to find a large deposit, even if I were to move to another rent, I still need a fairly large sum to order to do this, so would I be expected to pay rent whilst the mortgage company evicts me, or can I withhold it....would they seek to recover the rent? Would this be within the timescale of me securing my mortgage (I almost have a decision in principle)? - rent would be due to the lender. In addition rent payments are not reported and have no effect on credit rating.

My landlord never gave me details of any tenant deposit protection scheme, and knowing him he never bothered. Where do I stand if he didn't? Can I withhold rent until I see evidence that he has now done that? - No.

I've got a million things going round in my head....trying to find a suitable house to rent is proving to be a nightmare as we have quite tight requirements (3 vehicles (2 personal, 1 works)) which we need and cannot get rid of, so plenty of parking is a must, and that is hard to come by these days, especially in new builds!

We have increased our potential rent up to £1000 a month, and still struggling to find anything!

I suggest you contact the lender and make them aware of your existence now. So they can act appropriately

AdrianC

darkcyde wrote: »

I've just had a letter from Co-Op (Platform) legal company stating that the house we rent is currently undergoing a repossession order.

This is the first you've heard?
You've told the lender that you're tenants, and given them a copy of your AST?

The Legal firm has said that they will seek vacant possession of the property....if the hearing is 1st July what sort of timeline can I expect until I need to move out? If the order is granted, then I know I can request a 2 month time period in order to allow me to find a new place to live, but when would that 2 months start? From 1st July or from when the legal firm apply for our eviction?

Two months from the rent due date following you being given valid notice (s8 ground 2 if the mortgage predated your tenancy, otherwise s21). The hearing against the borrower, your current landlord, is not valid notice to end your tenancy.

Where do I stand regarding paying rent after the repossession goes through?

Your new landlord will be the lender in possession. The same tenancy terms will apply.

so would I be expected to pay rent whilst the mortgage company evicts me

Yes, of course you need to pay rent while you're living there!

or can I withhold it....would they seek to recover the rent?

They certainly can, together with their costs.

My landlord never gave me details of any tenant deposit protection scheme, and knowing him he never bothered. Where do I stand if he didn't?

The clock starts again for the new landlord at change of ownership - they have 28 days to protect your deposit if it's passed to them. If it isn't, then the onus is on the old landlord.
https://england.shelter.org.uk/legal/housing_options/deposits/statutory_protection_of_deposits/return_of_the_deposit/change_of_landlord

Remember your old landlord is clearly completely skint...

Can I withhold rent until I see evidence that he has now done that?

No. You never have grounds to just withhold rent. What did your mother tell you about the exchange rate between wrongs and rights? It is not 2:1, is it?

martindow

You need to check with the schemes to see if the deposit is registered or not. If it's not and we assume the repossession goes ahead you are highly unlikely to be able to get this back from a bankrupt landlord.


If a rent payment is due before the hearing date would an option for the OP be not to pay this, in order to effectively reclaim their deposit, and then resume subsequent payments to the new owner?