renting a house which might be re-posessed

B@Th*nG · 12 Jun 2009 at 17:24

Been in a rented house for a couple of months now and it's been fine so far until yesterday when we got a letter through saying that the owner is going to court on the 7th of July for a re-possessing hearing.

I have, of course, immediately notified the letting agency and they are dealing and, of course, are protesting ignorance - which i do believe. However, it makes me wonder what checks in place to prevent this sort of thing happening? It must have to be pretty far gone for Northern Rock to try to reclaim the property, and perhaps they don't credit check people looking for tenants for a house - but he actually rents a house from them which i know for a fact they have to credit check! Is he even paying the money we pay him into the mortgage? who knows!

Has anyone ever experienced this sort of thing before? Does anyone have any advice for us? Any help much appreciated.

Yours really ****ing angrily,

B@

dirtydog · 12 Jun 2009 at 17:26

I know little about this but I seem to remember hearing that you COULD get just a few weeks' notice to quit, worst case scenario. The government is changing the law to give such tenants two months' notice I believe.

I hope it doesn't come to it, but prepare for the worst.

Burnsy2023 · 12 Jun 2009 at 17:30

There are proceedures so that you can continue staying in the property but pay the creditor the rent. Talk to NR about that.

B@Th*nG · 12 Jun 2009 at 17:32

ye, we don't expect it to turn out brilliantly :/ *sigh*

Burnsy2023 said:
There are proceedures so that you can continue staying in the property but pay the creditor the rent. Talk to NR about that.

NR?

i wasn't thinking and shouldn't have posted this now as i'm at home all weekend with i've no net. I can't answer questions but any help would be great

B@

Burnsy2023 · 12 Jun 2009 at 17:33

Northen Rock

xxalxx · 12 Jun 2009 at 18:10

Whatever happens you should be looking on rightmove for alternative accomodation right now!

mattheman · 12 Jun 2009 at 18:44

you have lost your deposit if it isnt in a tds, try and contact NR see if they might help, if not your looking for a new place, btw dont pay this months rent.

dirtydog · 12 Jun 2009 at 18:45

mattheman said:
you have lost your deposit in it isnt in a tds.

tds?

mattheman · 12 Jun 2009 at 18:47

dirtydog said:
tds?

tenant deposit scheme there are 3. btw you can claim costs if the contract hasnt come to an end or if teh land lord hasnt giving you written notice or vice versa.
plus the agency has to look for a new place for you something like that.

dirtydog · 12 Jun 2009 at 18:48

Ah I see. I haven't rented in the private sector since that came into effect.

mattheman · 12 Jun 2009 at 18:57

but you are out on the street.
Dont pay the rent now, you have between 2 and 5 weeks after the court hearing when the baliffs come round and kick you out.

Stanman67 · 12 Jun 2009 at 19:06

Speak to your local law centre or the citizens advice bureau. You can also turn upto court and argue for extra time - but do bring all your tenancy agreement, payment book with you. I am assumning but on first reading it looks as if he has let without telling the mortgage company, otherwise you would have been notified as well, if he took out a buy ti let mortgage,

mattheman · 12 Jun 2009 at 19:08

As far as paying the rent is concerned there seems little point to do so unless you hope to stay in the property. The landlord has already breached the tenancy agreement and you may soon be homeless. If you wish to stay in the property and think that the landlord has reached an agreement with his lender you could continue to pay rent. However, once a possession order has been granted, the lender could enforce it by bringing in the bailiffs without giving you any further warning at all.

mattheman · 12 Jun 2009 at 19:08

Stanman67 said:
Speak to your local law centre or the citizens advice bureau. You can also turn upto court and argue for extra time - but do bring all your tenancy agreement, payment book with you. I am assumning but on first reading it looks as if he has let without telling the mortgage company, otherwise you would have been notified as well, if he took out a buy ti let mortgage,

yep you can go to the court and let the judge know.

clv101 · 12 Jun 2009 at 19:11

mattheman said:
you have lost your deposit if it isnt in a tds...

Which it will be if he only moved in recently.

mattheman · 12 Jun 2009 at 19:17

clv101 said:
Which it will be if he only moved in recently.

Then he has lost it, thats why its a good idea to pay the rent late.

mattheman · 12 Jun 2009 at 19:26

Oh another thing if youve just taken out a telephone contract and its under 30 days cancel, best thing to say you've been mis sold it.

B@Th*nG · 14 Jun 2009 at 19:12

We won't have lost the deposit, we aren't worried about that. The letting agency hold that for us in a TDS, they have to now, not the landlord (fortunately). We have paid a month and a 1/2 deposit (as is the norm now) so if i stop paying the rent then i won't be getting any of the deposit back as i would be in a breach of the contract myself. The legalities of who broke the tennancy agreement first you could argue, but the letting agency have promised us that they won't be paying the landlord the rent unless he can prove to them that he's paying the mortgage.

mattheman said:
As far as paying the rent is concerned there seems little point to do so unless you hope to stay in the property.

We would like to continue to stay there, we hope it'll be resolved so i'm going to keep paying the rent and playing it by ear, on the proviso the letting agency do as they say and not pay the landlord unless he's paying the mortgage.

Stanman67 said:
Speak to your local law centre or the citizens advice bureau. You can also turn upto court and argue for extra time - but do bring all your tenancy agreement, payment book with you.

will do!

Stanman67 said:
I am assumning but on first reading it looks as if he has let without telling the mortgage company, otherwise you would have been notified as well, if he took out a buy ti let mortgage,

We were notified by a "to the occupier" letter, there are previous letters to the landlord from the same company (which of course we couldn't/won't open). I don't think he took out a "buy to let" mortgage, as it was previously a family home.

thanks for all your advice

B@

B@Th*nG · 15 Jun 2009 at 12:48

The letting agency have finally got back to us and they've spoken to the landlord and he has resigned himself to losing the property apparently :/ So i guess just speaking to the CAB and NR to see if we can take on the mortgage left now. what a ******.

B@

mattheman · 15 Jun 2009 at 13:01

B@Th*nG said:
We won't have lost the deposit, we aren't worried about that. The letting agency hold that for us in a TDS, they have to now, not the landlord (fortunately). We have paid a month and a 1/2 deposit (as is the norm now) so if i stop paying the rent then i won't be getting any of the deposit back as i would be in a breach of the contract myself. The legalities of who broke the tennancy agreement first you could argue, but the letting agency have promised us that they won't be paying the landlord the rent unless he can prove to them that he's paying the mortgage.

B@

Let me get this straight, the letting agency are now going to place the deposit into the tds ? were are they getting this deposit from, if they passed the deposit to the landlord at the start? plus why put it itno a tds when they now know the lardlord doesnt care, why can't they give it to you? seems like they want to make some extra cash.

have they been passing on your rent to the landlordm for you information you can pay late up 6 weeks, and there is nothing the landord or agency can do about it, after the 6 weeks the ycan apply for a court order.
Another question dont pay the rent to the agency or landlord its pointless now dont give them the money, dont be a fool and listen to the agency.
Did you pay any agency fees if so you have a good chance of getting it back.