Reposession - Tenants rights

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    Reposession - Tenants rights

    The solicitors of my landlords mortgage lender have written to me ('the occupier'), informing me that there is going to be a repossession hearing for the flat I live in.

    My landlord tells me not to worry, though i have found out that he has paid no mortgage instalments for most months of the last year (and only token sums during a couple of months), and is consequently 15K in arrears. Hid did, however, pay 1500 pounds last month.

    I assume my landlord has a buy-to-let mortgage, since he owns several rental properties, though I am not absolutely sure of this, especially as the mortgage lenders solicitors have written in their letter that they believe the owner resides in my flat (he does not).

    I have been a tenant in this flat since before the current landlord bought it, so I believe that the terms of my tenancy agreement are binding on the mortgage lender. I don’t mind moving out of my flat, but do want my statutory 2 months termination period.

    Should I write to the mortgage lenders solicitors right away informing them that I am the tenant, or wait until after the outcome of the repossession hearing (it is possible that my landlord will come to an agreement with his lenders, in which case I don’t want to interfere)?

    #2
    This is your heads up. Time to look for suitable alternative accommodation that you are happy with. Contact your landlord with the intention of leaving your tenancy early. You don't want to be rushed into accepting something unsuitable, do you?

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      #3
      Thanks Poppy

      As said, I do not mind moving out of my flat. However, I am in the process of buying my own flat, and would not really want to move out of my current place until the end of July.

      The repossession hearing is in May, so all I want is not to be kicked out immediately, if the flat is repossessed, but to be able to stay for 2 months longer.

      Also, since I know that my landlord is in financial difficulty, it is likely that he will not be able to repay my deposit. Should I withhold my last months rent and forfeit my deposit?

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        #4
        There is nothing to prevent you writing to the mortgage lender asking to remain until some future date. You need to appreciate that the lender's concern is to recoup their money as quickly as possible. You're not a priority in their eyes. They're not landlords.

        If your landlord does not return your deposit money, you have the option to sue him. Don't recommend owing rent.

        There are a number of known unknowns here. Your rented property is being repossessed but it may not end up being repossessed. You have a purchase on the go but it may not get to completion.

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