Renting a property, received a repossession order

epz_2

silvercar wrote: »

But the OP didnt say that it was a residential mortgage, you (incorrectly) assumed it.

i did say to check if it was a btl or residential mortage and only get nasty if residential.

remeber we are talking about a somone who in all likelyhood will end up stealling several months rent which was paid as a deposit from the ops sister.

pickles110564

epz wrote: »

remeber we are talking about a somone who in all likelyhood will end up stealling several months rent which was paid as a deposit from the ops sister.[/quote

You really do live on another planet.
If the BTL does not pay what he owes than the mortgage company will chase him for it.
One way or another they will get their pound of flesh.
You have also given advice to steal money by not paying the rent, there is no difference either way.
You are just a fool

Generali

pickles110564 wrote: »

You really do live on another planet.
If the BTL does not pay what he owes than the mortgage company will chase him for it.
One way or another they will get their pound of flesh.
You have also given advice to steal money by not paying the rent, there is no difference either way.
You are just a fool

It's about managing your risks. There is a debt to the tenant from the LL - the deposit - that the LL is unlikely to be able to pay. By failing to pay the rent, the tenant can remove that risk.

epz_2

pickles110564 wrote: »

You really do live on another planet.
If the BTL does not pay what he owes than the mortgage company will chase him for it.
One way or another they will get their pound of flesh.
You have also given advice to steal money by not paying the rent, there is no difference either way.
You are just a fool

lets get this straight the op's sister has given the BTL'r several months rent as a deposit and if the home gets reposesed the op's sister woulnt get the deposit back from the bank, if they dont get it from the landlord then they could end up homeless.

why should the renter risk homelessness on behalf of a landlord who isnt paying the bank.

you can call me a fool if you wish but i wouldnt let someone steal hundreds, possibly thousands of pounds from me and say well hey as long as the bank get their money back thats ok, ill just wait and hope they eventually pay me back out the goodness of their heart.

its usually the most unreasonable person that wins, if you start screaming shouting and stamping your feet you get a lot more attention than sitting meekly at the back and letting someone screw you over.

Generali

pickles110564 wrote: »

You really do live on another planet.
If the BTL does not pay what he owes than the mortgage company will chase him for it.
One way or another they will get their pound of flesh.
You have also given advice to steal money by not paying the rent, there is no difference either way.
You are just a fool

Just a thought. By an extension of the same logic, any LL that rents to a tenant knowing that they can't make the mortgage is knowingly trading insolvently and so should face imprisonment. Right? Or is my logic faulty?

Rick62

silvercar wrote: »

Continue paying the rent or you will face eviction proceedings as soon as you are 2 months in arrears (which actually means the day after the second months rent falls due). Any arrears could be chased by the lender.

Why could any rent arrears be chased by the lender? There is no contract between the lender and tenant. The tenant owes the LL rent, but if the LL is holding deposit monies the tenant probably won't get these back.

All deposits are now to be held by a trust or insured under the new government scheme. The tenant should ask for confirmation that this has been done. They should take legal advice, but from a practical point of view withholding rent and writing to the LL saying that the tenant is withholding the rent until they have proof that the deposits are being indepedantly held would seem sensible and reasonable.

Generali

Rick62 wrote: »

Why could any rent arrears be chased by the lender? There is no contract between the lender and tenant. The tenant owes the LL rent, but if the LL is holding deposit monies the landlord probably won't get these back.

All deposits are now to be held by a trust or insured under the new government scheme. The tenant should ask for confirmation that this has been done. They should take legal advice, but from a practical point of view withholding rent and writing to the LL saying that the tenant is withholding the rent until they have proof that the deposits are being indepedantly held would seem sensible and reasonable.

The thing is, if the LL is being reposessed then the chances are that (s)he wil be in no position to sue anyone anyway.

It may not be the 'nice' thing to do but I'd stop paying the rent and try to stay in the house long enough to save to replace the deposit.

If the LL had any decency about him, he'd have warned the OP that there were reposession procedings going ahead and that they would end up homeless. That he didn't means that he has no right to be treated in the most 'correct' manner.

bananakinz

Thank you for all your replies.

My sister has tried to contact her landlord, and is not having much luck - surprise surprise. She has also spoken to benefits and they say they can do nothing until she is evicted

Seems to be a bit of a double edge sword really, not pay the rent, but get the deposit but then could be seen to be 'intentionally homeless' or pay the rent, be evicted and end up in emergency housing with two kids, a dog and cat

silvercar

Assuming the mortgage was of the correct kind and the deposit held in accordance with the current law:

If the lender repossesses the property they will be acknowledging the tenancy and any rent becomes payable to the lender. Failure to pay the rent could result in a CCJ and affect the tenants credit rating and future renting prospects.

The deposit should have been protected (assuming tenancy started or renewed since April '07) and so should be returned to tenant at end of tenancy.

silvercar

Bnanaakinz, cross posted, but while you are here, when does the tenancy end? This could well influence the advice you receive.

If the tenancy has a long way to go, your sister may find that shecan remain in the property with a new landlord. If its due to end soon it would be best to start looking for a new place soon.