oh dearie me - house repossessed. urgent advice needed

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    oh dearie me - house repossessed. urgent advice needed

    My oh-so-nice landlord has not paid his mortgage lenders, so the house is being repossessed.

    this came out of the blue, and the eviction date is set for 12th January, next.

    my month's rent is until the 21st - can I ask the agents to return a third of the payment?

    I understand that the landlord does not own the property any more - and I do fear that the agency might have paid the money over to him already. however, say they haven't, can I ask them to pay me back the third I am not allowed to use? (it'll come in handy with the unforeseen removal costs )
    Last edited by adpucci; 04-01-2007, 18:39 PM. Reason: misleading title

    #2
    Well, your landlord has breached his contract (the AST) with you as you are being legally evicted before the end of the fixed term of this contract. You can therefore sue him in the small claims court for return of the rent paid by you in good faith. You can also consider sueing him for breach of contract, but if he can't pay his mortgage then he probably can't pay any compensation the court awards you, or your costs!
    You are probably best advised to write him a "without prejudice" letter advising him of the situation, and requesting an immediate return of your deposit and overpaid rent. You could also ask the agent to refund this. If you get no reaction, then you will have to take your landlord, not the agent, to the small claims court to get anywhere. You should also contact the CAB and shelter for advice.
    Unfortunately you will loose the property that you are legitimately renting, so it would be best to start finding a new one now.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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      #3
      thanks for your reply.

      I have found another property mercifully, I was just wondering about whether I can safely consider the rent to be overpaid, if I am evicted before the end of the month.

      I agree with you that there is no point in trying to get any money off the landlord - after all I'd be second or third in line to the bank(s) and any larger creditors - there is only so much blood to be squeezed from a stone...

      not very lucky with my landlords, me .

      thanks again for your advice, I'll try the letter to the agency - I guess I'll ring them and ask them if they have already paid the money on to the landlord, if not I might get it back.

      Comment


        #4
        This is unfortunately becoming more common. Without giving anything away I'm currently reviewing a complaint by some ex-tenants against an agent who it appears failed to find out from the landlord if he had asked permission from the lender to let. The tenants were evicted by the lender in possession.

        Not only that but the agent had drawn up an AST where the rent was in excess of £25,000 per annum! The agent appears to be one of those who leases the property from the owner then "sub-lets" at a profit to unwitting tenants who don't realise this.

        I can't name this agent because he has already been in trouble before and could be the subject of further disciplinary action.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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          #5
          Originally posted by Paul_f View Post
          This is unfortunately becoming more common. Without giving anything away I'm currently reviewing a complaint by some ex-tenants against an agent who it appears failed to find out from the landlord if he had asked permission from the lender to let. The tenants were evicted by the lender in possession.

          Not only that but the agent had drawn up an AST where the rent was in excess of £25,000 per annum! The agent appears to be one of those who leases the property from the owner then "sub-lets" at a profit to unwitting tenants who don't realise this.

          I can't name this agent because he has already been in trouble before and could be the subject of further disciplinary action.
          But see para. 2(1)b of Schedule 1 to 1988 Act. Letting at >£25 000 rent is NOT an AST.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Yes I think I might just about know that! I thought I would not have to spell it out and was obvious from the post but some people are not capable of realising it! Please don't patronise me.
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

            Comment

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