Home being repossessed - complicated issue

Bitsandbobs_2

Hello, my first post here, in name of a friend of mine, were both non-native speakers so forgive me if something is not clear

It's complicated, but I'll try to explain everything 

My friend moved into this property 2 years ago, as they had 1 room left unoccupied. Back in the day there were 4 guys renting but 3 of them moved out 61 months ago and it's only my friend in the property only.

He paid 2 weeks deposit (240 pounds) when moving in. Rent is being paid to LL's "agent"

Calling him an agent is overstatement. He never gave my friend a deposit scheme confirmation so his deposit is not secured.

Landlord had around 20 properties but sold all of them beside this one. Last mortgage paymrny was made in September 2022, since then Landlord is living in Philippines and there's no contact with him. His agent never really protected my friends deposit or even gave him any rent agreement yet keeps collecting 120 weekly. When asked for authorisation from LL for his rent to be paid to agent, the agent said he can't give it to him as LL Is not contactable.

According to agent, home is being repossessed and court case was held in February but he can't say anything else. My friend keeps getting letters from energy and water companies, some debt collectors and council addressed to LL. Never opened any of them but we guess the debts are going into thousands.

On 2 occasions he had a visit from someone either being court clerk or bank employee trying to deliver some more documents. Having informed them he's just a tenant without any agreement and pointing them to agent, this guy's left.

My understanding is: agent collecting rent, not sure if it's passed to.LL or not. My friend never had deposit secured or rent agreement in writing, were not even sure if the agent is legally collecting the rent.

Agent says they know nothing about repossession progress but that it took out place in February. 

What can my friend do if it's really finally repossessed. Can he stop paying the rent to agent if he can not produce authorisation to collect rent? Can he sue the agent for unprotected deposit and all rent paid in those 2 years?

It's really complicated and I probably missed some crucial information but any help is highly appreciated.

Hoenir

Bitsandbobs_2 said:

What can my friend do if it's really finally repossessed. Can he stop paying the rent to agent if he can not produce authorisation to collect rent? 

Link below. 

Repossession by your landlord's mortgage lender

https://www.citizensadvice.org.uk/housing/eviction/getting-evicted/renting-privately/repossession-by-your-landlord-s-mortgage-lender/

Bitsandbobs_2

Thanks

It's more about the agent than LL itself, but...

1.Is there any way to find out what is going on around repossession process, beside probably opening LL's correspondence with for obvious reasons he won't do? LL's address/whereabouts unknown (beside fact he's back in Philippines) agent allegedly doesn't known anything, court clerk/bank employee won't talk to them?

2. What can be done to agent if he's not legally collecting the rent? He keeps saying he has the right to collect it but can't/don't want to produce any document proving he has LL's authority to do it and says the agreement is between my friend and LL and not agent himself and to try to get in touch with him. Can my friend sue him for all rent paid to him if he's not legally authorised to collect rent?

user1977

Bitsandbobs_2 said:

1.Is there any way to find out what is going on around repossession process, beside probably opening LL's correspondence with for obvious reasons he won't do?

What are the obvious reasons? There is no legal difficulty with opening mail addressed to the property.

The landlord is ultimately legally responsible, the agent is merely (as the name suggests) the agent of the landlord - it isn't the agent's deposit etc.

Hoenir

What is the tenant currently doing with the post received ? 

Bitsandbobs_2

user1977 said:

Bitsandbobs_2 said:

1.Is there any way to find out what is going on around repossession process, beside probably opening LL's correspondence with for obvious reasons he won't do?

What are the obvious reasons? There is no legal difficulty with opening mail addressed to the property.

The landlord is ultimately legally responsible, the agent is merely (as the name suggests) the agent of the landlord - it isn't the agent's deposit etc.

Opening someone's post can lead to some trouble? He can open post to "the occupier" of course but something addressed straight to landlord?

user1977

Bitsandbobs_2 said:

user1977 said:

Bitsandbobs_2 said:

1.Is there any way to find out what is going on around repossession process, beside probably opening LL's correspondence with for obvious reasons he won't do?

What are the obvious reasons? There is no legal difficulty with opening mail addressed to the property.

The landlord is ultimately legally responsible, the agent is merely (as the name suggests) the agent of the landlord - it isn't the agent's deposit etc.

Opening someone's post can lead to some trouble? He can open post to "the occupier" of course but something addressed straight to landlord?

There's no law against opening mail addressed to a different person at your house, if that's what you mean. Besides, the landlord has gone AWOL, so what is your friend worried about happening?

housebuyer143

Bitsandbobs_2 said:

user1977 said:

Bitsandbobs_2 said:

1.Is there any way to find out what is going on around repossession process, beside probably opening LL's correspondence with for obvious reasons he won't do?

What are the obvious reasons? There is no legal difficulty with opening mail addressed to the property.

The landlord is ultimately legally responsible, the agent is merely (as the name suggests) the agent of the landlord - it isn't the agent's deposit etc.

Opening someone's post can lead to some trouble? He can open post to "the occupier" of course but something addressed straight to landlord?

Open the mail. You might see a repossession date. I open all mail addressed to my property regardless of the name and nothing bad has happened. 
Just say you opened it in error if you don't want to admit you did it on purpose. 

Bitsandbobs_2

At my friend's place now. Court case took place in February, original mortgage took in 2001 for 238K, current arrears as of Feb 2024 at 1K, yet last payment made Sept 2022 (1020 pounds per month so no idea how they come up to 13K)

On top of that 6K arrears on council tax, over 6K on water and over 5K on utilities, letters from debt collectors re council tax from January and nothing since then

How long does it usually take from court hearing to repossession actually being granted?

Bitsandbobs_2

I meant 13K mortgage arrears

Where do I edit the posts?

Hoenir

Don't pay the agent anything further until they furnish your friend with a tenancy agreement.