Rented Property Re-possesion, what are my rights as a tenant?

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  • Tradingup
    replied
    They are to be commended. It's best for the OP to resign himself to moving on and finding a property with a more solvent LL.

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  • PJackson
    replied
    It sounds like the mortgage provider has been polite and given early warning of what is likely to happen.

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  • jpkeates
    replied
    Originally posted by Drewkristy View Post
    I ... have recently recieved a letter from a solicitor acting on behalf of her mortgage provider stating that the appartment is going to be re-possesed and it is in my interest to find alternative living accommodation.
    This sounds like an interesting letter - but not one that is ether a notification of a court hearing or a notice that you are being evicted (yet).
    Check the wording careful to make sure it isn't either of those things - if it isn't, the next one is likely to be.

    At some point, you are going to have to leave - while it can take time, the mortgage provider will evict you sooner or later.
    Most likely, they will go to court and a judge will set a date by when you should leave, and if you don't they'll go back to court and get permission to send a bailiff to evict you.
    You can ask for a delay in each stage, and it's already a fairly slow process, but it will probably be a few weeks / months only.

    The question about your deposit is important, so checking that it was protected will be a priority (as your landlord seems to be in financial difficulties).
    Another consideration is deciding if you want to continue paying rent - you are liable for it and your landlord can sue you for it if you don't pay it (plus costs), but they're unlikely to be able to evict you before the mortgage holder does.
    And they haven't exactly done you any favours.

    One of the most depressing places I have ever been is the Birmingham Civil and Family Justice Centre court that specialises in such reposessions.
    About a dozen individual chambers with a judge each, each processing dozens of cases at a time in 20 minute sessions with a lawyer acting for mortgage companies.
    The solicitors were mostly juniors, each with a pile of case folders. Paper everywhere, and each folder was someone losing their home.
    Bloody awful place, like a dream crushing factory.

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  • thesaint
    replied
    Originally posted by Tradingup View Post
    I think if the mortgage company or even the landlady returns the full deposit before serving a Section 21, then the notice can stand. Correct me if I am wrong?
    No need to correct you.

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  • theartfullodger
    replied
    Advice from the experts here...
    http://england.shelter.org.uk/get_ad...ndlords_lender

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  • Tradingup
    replied
    Originally posted by Interlaken View Post

    Did you pay a deposit and if so where is it protected and were you give the ' prescribed information'? If these things are not correctly done then a Section 21 will never be valid which could be in your favour.
    I think if the mortgage company or even the landlady returns the full deposit before serving a Section 21, then the notice can stand. Correct me if I am wrong?

    Leave a comment:


  • Interlaken
    replied
    No, don't waste your money on a solicitor.

    If you are not in arrears with rent the mortgage company will have to get a court order to evict you and this could take months. Very annoying though as it seems you are the innocent party in all this.

    To evict you the mortgage company will need to issue a Section 21 notice - this will need to be correct - many aren't so report details to us and we will tell you if they get it right.

    You should get 2 months clear notice from a rent due date then they have to apply for a court order if you do not vacate and that could take more time. Distressing I know but you should have plenty of time to look around for something else.

    Did you pay a deposit and if so where is it protected and were you give the ' prescribed information'? If these things are not correctly done then a Section 21 will never be valid which could be in your favour.

    Leave a comment:


  • Tradingup
    replied
    My advice is to save your money and do not engage a solicitor. Simply find somewhere else to move. There is no legal compulsion for your landlady to use your rent money to pay the mortgage.

    Leave a comment:


  • Rented Property Re-possesion, what are my rights as a tenant?

    Could somebody please shed some light on an issue i have with my landlady?
    I have been paying my rent in full and on time for 30 months and have recently recieved a letter from a solicitor acting on behalf of her mortgage provider stating that the appartment is going to be re-possesed and it is in my interest to find alternative living accomodation.
    I would like to know any information as to my rights in this matter.
    I know that my landlady has been in arrears for approx 9 months and possibly hasnt even made an attempt to make any payment for quite some time yet i have been paying her my rent in full.
    Should i contact a solicitor??

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