I'm renting, paid 6 months up front and the flat is being repossessed!

pinkshoes

chris_a_p wrote: »

Now looking back I wish I hadn't had paid the full 6 months up front, but this kind of situation never crossed my mind!

If you've paid 6 months in advance, and only just moved in, then surely the landlord will be using this money to pay off the mortgage arrears? Perhaps his plan was to find a tenant willing to pay 6 months in advance, which would pay off his debt and prevent the house being reposessed? Except maybe it took him a bit longer than anticipated to find a tenant, hence Northern Rock have started the repossession procedure.

I would be tempted to somehow let Northern Rock be aware that the landlord has now received £3900 (6 x £650), and is in a position to pay his debt.

Must be worth a try.

mystic_trev

Sorry to hear of your situation and hope you manage to sort it out.

Your Landlord was obviously aware of his financial situation long before you signed the Tennancy agreement. As I have highlighted above, if all else fails, he has commited a criminal offence and I suggest you make him aware of this. It should help the speedy return of your money, as he'll move hell and high water to avoid a prison term!

Guy_Montag

I was thinking the same as Trev, surely this is an act of fraud & should be reported to the police. Still go with what Shelter say in the first instance.

silvercar

Breach of contract in that LL taken rent money and not provided property, hence breached AST.

To prove fraud you would have to prove that the LL took the rent money in the knowledge that the lender would repossess before the expiry of the AST.

RabbitMad

Has the LL the money or the LA? There was a post on here the other week where the LA kept the money and past it on to the LL every month. If the LA have the cah it might be easier to get it off them.

chris_a_p

Hi everyone

Thanks once again for the replies.

I've wrote a letter to the solicitor who contacted me on behalf of Northern Rock and I will send it off by recorded delivery tomorrow.

I have explained to them that I have paid 6 months in advance.

The LA just came round to visit me and he explained that because the property was vacant in November and December the Landlord didn't think she had to pay the mortgage but she has assured them that mortgage has been paid up to date and the court case is no longer valid.

I've shown him the letter from Northern Rock solicitor's which was addressed to the occupier (me) at the end of last week so if she says she has paid it off I'm not sure why I still got that letter.

It turns out the landlord had all the 6 months up front and I've been here for 1 month so I'm not sure why she didn't pay it off straight away.

I was told she had another property in the same area too.

I explained that my main concern was the fact that she has my money and he told me (the owner) that he was worried. I was under the impression they keep back the full 6 months and still pay the landlord monthly?

I cannot get through to Shelter, I've tried so many times but you can't be put on hold!

Basically I don't know an awful lot more than I did yesterday except for the fact that she has my money!

I'm not sure where I stand because, to be honest, I'd move out ASAP if I could get my money back. The landlord hasn't fulfilled her obligations in the AST "To allow the Tenant quiet enjoyment of the Property during the tenancy without any unlawful interruption from the Landlord or any person lawfully claiming under or in trust for the Landlord".

I don't really want to live here with this hanging over my head

I'll report back when I know some more!

Thanks,
Chris.

SquatNow

If it comes down to it and you get turfed out, the landlord would almost certainly have committed fraud by getting you to decorate the property... essentially they've got you to decorate it for free and increase it's sale value.

If they knew it was going to be repossessed they would definately be going to Jail.

chris_a_p

Thank you for your post!

I forgot to add, the landlord missed November and December's mortgage payments - I know that for sure, and seeing as I signed the lease on 22nd December, she knew she was behind with her payments.

What I want to know is what she has done with the money, she clearly hasn't paid it off if I got the letter Thursday just gone!

I'm phoning the solicitor tomorrow and the court to see if the case has been closed, as she says it has been, so I will know a bit more tomorrow!

Thanks
Chris

CYBERCIDERSAVER

chris_a_p wrote: »

...
The LA just came round to visit me and he explained that because the property was vacant in November and December the Landlord didn't think she had to pay the mortgage but she has assured them that mortgage has been paid up to date and the court case is no longer valid...


...I was told she had another property in the same area too.

Well that lot says it all really.You clearly have a big time amateur Landlord or she's fobbing them off with any old excuse.

Either way, IF you stay on. DON't pay any more rent upfront (except one month of course)

Also I would make sure your deposit is protected. If you've decorated then there is surely no way she could withhold it (unless she is under the impression like so many landlords that a deposit is theirs for the taking.)

Maybe keep receipts etc. of all the materials bought for the redecoration, just in case you end up at a tribunal.

barnaby-bear

chris_a_p wrote: »

that because the property was vacant in November and December the Landlord didn't think she had to pay the mortgage

They let people that stupid have mortgages? Can she read? Would anyone assume this? Hmmmm porkies....