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  • FIRST POST
    • Smoothape
    • By Smoothape 12th Jan 19, 9:54 PM
    • 46Posts
    • 15Thanks
    Smoothape
    Landlord, mortgage arrears, reposession
    • #1
    • 12th Jan 19, 9:54 PM
    Landlord, mortgage arrears, reposession 12th Jan 19 at 9:54 PM
    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.
Page 1
    • elsien
    • By elsien 12th Jan 19, 9:59 PM
    • 18,614 Posts
    • 47,265 Thanks
    elsien
    • #2
    • 12th Jan 19, 9:59 PM
    • #2
    • 12th Jan 19, 9:59 PM
    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.
    Last edited by elsien; 12-01-2019 at 10:01 PM.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Pixie5740
    • By Pixie5740 12th Jan 19, 10:01 PM
    • 13,751 Posts
    • 19,865 Thanks
    Pixie5740
    • #3
    • 12th Jan 19, 10:01 PM
    • #3
    • 12th Jan 19, 10:01 PM
    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.
    Originally posted by Smoothape
    You are really determined to withhold the rent, aren't you?

    https://forums.moneysavingexpert.com/showthread.php?t=5938596&page=3#topofpage

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

    https://www.samaritans.org
    • Bossypants
    • By Bossypants 12th Jan 19, 10:06 PM
    • 850 Posts
    • 1,667 Thanks
    Bossypants
    • #4
    • 12th Jan 19, 10:06 PM
    • #4
    • 12th Jan 19, 10:06 PM
    You are really determined to withhold the rent, aren't you?

    https://forums.moneysavingexpert.com/showthread.php?t=5938596&page=3#topofpage

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

    https://www.samaritans.org
    Originally posted by Pixie5740
    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
    • By Smoothape 12th Jan 19, 10:18 PM
    • 46 Posts
    • 15 Thanks
    Smoothape
    • #5
    • 12th Jan 19, 10:18 PM
    • #5
    • 12th Jan 19, 10:18 PM
    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
    • By davidmcn 12th Jan 19, 10:27 PM
    • 10,527 Posts
    • 11,515 Thanks
    davidmcn
    • #6
    • 12th Jan 19, 10:27 PM
    • #6
    • 12th Jan 19, 10:27 PM
    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.
    Originally posted by Smoothape
    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
    • By Smoothape 12th Jan 19, 10:36 PM
    • 46 Posts
    • 15 Thanks
    Smoothape
    • #7
    • 12th Jan 19, 10:36 PM
    • #7
    • 12th Jan 19, 10:36 PM
    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
    • By CM66 12th Jan 19, 10:50 PM
    • 570 Posts
    • 3,136 Thanks
    CM66
    • #8
    • 12th Jan 19, 10:50 PM
    • #8
    • 12th Jan 19, 10:50 PM
    Ummmm surely if you don't pay rent the landlord is even more likely to default......
    • Cakeguts
    • By Cakeguts 12th Jan 19, 11:33 PM
    • 5,755 Posts
    • 8,954 Thanks
    Cakeguts
    • #9
    • 12th Jan 19, 11:33 PM
    • #9
    • 12th Jan 19, 11:33 PM
    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
    • By John G Jones 12th Jan 19, 11:38 PM
    • 531 Posts
    • 721 Thanks
    John G Jones
    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.
    Originally posted by Smoothape
    Iíve 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.
    • Tarambor
    • By Tarambor 12th Jan 19, 11:44 PM
    • 4,709 Posts
    • 3,619 Thanks
    Tarambor
    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.
    • Smoothape
    • By Smoothape 12th Jan 19, 11:49 PM
    • 46 Posts
    • 15 Thanks
    Smoothape
    I am paying my rent and have never not paid my rent. I mentioned I considered not paying it if the landlord has defaulted and gone into reposession if it would save me and give me some extra money for a deposit on a new property.


    I'm being bullied on here and treated like a criminal when I haven't even don't anything wrong.

    Please just help with the issue at hand. I already said if you're just looking to make yourself feel better at my expense by treating me badly please do not respond.
    • davidmcn
    • By davidmcn 13th Jan 19, 12:01 AM
    • 10,527 Posts
    • 11,515 Thanks
    davidmcn
    I'm being bullied on here and treated like a criminal when I haven't even don't anything wrong.

    Please just help with the issue at hand. I already said if you're just looking to make yourself feel better at my expense by treating me badly please do not respond.
    Originally posted by Smoothape
    As far as I can see, everyone in this thread is giving you advice which is in your best interests, and nobody is "bullying" you or treating you like a criminal.

    If you need other support, have a look at the links here: https://www.samh.org.uk/find-help
    • John G Jones
    • By John G Jones 13th Jan 19, 12:11 AM
    • 531 Posts
    • 721 Thanks
    John G Jones
    I am paying my rent and have never not paid my rent. I mentioned I considered not paying it if the landlord has defaulted and gone into reposession if it would save me and give me some extra money for a deposit on a new property.


    I'm being bullied on here and treated like a criminal when I haven't even don't anything wrong.

    Please just help with the issue at hand. I already said if you're just looking to make yourself feel better at my expense by treating me badly please do not respond.
    Originally posted by Smoothape
    People are kindly taking the time to give you advice, not bullying you.

    You have been incredibly insulting about people in financial trouble yet seem to want to not have the same perspective for your own situation, which is perhaps why people arenít sugar coating their posts.

    What else do you want to be told? Keep paying your rent and save up some emergency money.
    • steampowered
    • By steampowered 13th Jan 19, 12:33 AM
    • 3,071 Posts
    • 3,071 Thanks
    steampowered
    Repossession does not result in eviction.

    Even if the property is repossessed, your tenancy remains valid.

    If the property is repossessed, you would simply be asked to start paying rent to the new owner rather than to the old owner.
    • Smoothape
    • By Smoothape 13th Jan 19, 12:37 AM
    • 46 Posts
    • 15 Thanks
    Smoothape
    No one has given me any advice. They're just bringing up a thread I made a long time ago about an issue that was resolved and not even my fault about "late rental payment" which wasn't even late rental payment. If my current rental agency was satisfied that I wasn't paying rent late then that's it sorted. Have no idea why you people are obsessing about it an mentioning it in every post I make. It is a form of bullying and harassment despite what you say.

    .
    • Cakeguts
    • By Cakeguts 13th Jan 19, 12:41 AM
    • 5,755 Posts
    • 8,954 Thanks
    Cakeguts
    I am paying my rent and have never not paid my rent. I mentioned I considered not paying it if the landlord has defaulted and gone into reposession if it would save me and give me some extra money for a deposit on a new property.


    I'm being bullied on here and treated like a criminal when I haven't even don't anything wrong.

    Please just help with the issue at hand. I already said if you're just looking to make yourself feel better at my expense by treating me badly please do not respond.
    Originally posted by Smoothape

    What did the letter that you got say about what happens to the tenant if the home is repossessed. You say you had a letter about this. There should be information in there about what happens to you if the house is repossessed so what did it say?


    You say that people aren't helping you but this is the second time I have asked you what the letter that you opened on this subject said about it. You still haven't answered. If you had a letter that was addressed to you which you opened that was about the house being repossessed it means that the lender knows that there is a tenant living in the property and they will be able to give you advice.
    • da_rule
    • By da_rule 13th Jan 19, 1:10 AM
    • 3,054 Posts
    • 2,743 Thanks
    da_rule
    You’re not answering the question as to whether or not the letter was addressed to you? If it wasn’t, have you forwarded it to your landlord? If not, you may be committing a crime. You also need to stop opening post that isn’t yours.

    As has been said, you need to keep paying the rent. If your landlord is in breach of his mortgage contract then that’s an issue for him. It doesn’t give you the right to breach your tenancy. As has also been said, if the mortgage company do go into possession then they will become your landlord and have to follow the correct procedure to evict you, shouldnthey wish to do so. They may decide, depending on the rent you pay and the potential yield and the type of property that they will sell it with you remaining as a sitting tenant.

    You could always send the bank a quick letter saying you’re aware the landlord has been having problems and letting them know that you are in occupation of the property. It won’t stop anything but at least they’ll know of your existence.
    • Crashy Time
    • By Crashy Time 13th Jan 19, 9:58 PM
    • 7,568 Posts
    • 2,767 Thanks
    Crashy Time
    No one has given me any advice. They're just bringing up a thread I made a long time ago about an issue that was resolved and not even my fault about "late rental payment" which wasn't even late rental payment. If my current rental agency was satisfied that I wasn't paying rent late then that's it sorted. Have no idea why you people are obsessing about it an mentioning it in every post I make. It is a form of bullying and harassment despite what you say.

    .
    Originally posted by Smoothape

    Yes, the words "Landlord" and "repossession" can trigger strong emotions in some people. If your landlord can`t get their act together and pay their debts, just give notice and move out, it isn`t worth the stress of going through all the drama with them as their lender takes the house back.
    • Smoothape
    • By Smoothape 14th Jan 19, 8:04 AM
    • 46 Posts
    • 15 Thanks
    Smoothape
    The letter was addressed "to the occupier (or any tenant)"

    I'll call shelter today including the rental agency and contact the lender as well.
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