private house tenant repossesion

[hedgerow pete]

has anyone been in my situation , private renting tenant, and the landlord has just had the house repossed by the bank,

where do i stand,

i have spoke to the landlord how as ever has promised me every thing is ok and paid up so no repossesion is happening.

just had a letter from the mortgae companies solicitors booking the bailiffs appointment to pop around and to take possession of the house. which is in 3 weeks time,

now i ant fussed if we have to shift we have to shift, but because of many other ppoints we dont want to , the main one being unemployed , no deposit to private rent, unable to afford to physically move the possessions, to name the main ones

i will try the usual people tomorrow like the cab etc, but in out area the cab is a waste of effort and the council dont want to know unless you are physiciallly homeless

 

[Black Comb]

Pete.
Get in touch with the lender and tell them the property is tenanted.
After that it depends on your tenancy agreement. If it is an assured short hold tenancy then you will be able to stay until the end of the tenancy. If the tenancy has expired and you have just kept on paying rent then they will have to give you a section 21 notice to leave, which (I think) is 2 months.
Tell the bailiffs you are the tenant, they cannot take anything of yours, if theydo it is theft.
This is just an opinion and should not be construed as legal advice.

More info here
http://www.moneywise.co.uk/home-mor...t-rights-do-renters-have-against-repossession

Good luck.

 

[hedgerow pete]

cheers for that, we decidedto shift so we are not about when it happens or not as the case may be, daft as it sounds the house next door is empty, i am going to try to find the land lord for it

 

[fox403]

Not the best of years for u Pete m8 it has to get better .....

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[ellypatt]

Did you pay a deposit on this house? Make sure you get it back asap if the landlord's going under financially. Good luck.

 

[hedgerow pete]

this for me is a brilliant year , i am only unemployed and soon to homeless, some years its worse than that, try doing it and chemo at the same time thats a bad year and a really bad year is when they say its come back and some bugger has nicked your best bee hives, that was a really bad year,

as for the deposit it was a double months payment one for the house and one for the dogs and the chances of me getting my £900 back off someone being stripped out by big lawyers and the like is , nowt,

thats the big problem you see , being unable to afford to shift but not being able to stay, double edged sword just when you dont what one, ho well its looks as if we are back to the mummy under the patio time again, lol

 

[AnotherNewBee]

Your deposit should be in a secure scheme, and is your money, not the landlord's. It should - in theory - be safe but be sure to check with the CAB (or a solicitor) as soon as you can.

You might be able to get useful background info on www.landlordzone.co.uk and its forums.

 

[hedgerow pete]

no money, we spoke to the people who know today, whats happened is that the landlord used an agency to let the house, once they realiesed they had a safe tenant they sacked the agency and started to deal directly with us ,

which ment the agency returned the £900 deposit to the land lord, now considering this landlord is being stripped of two buy to lets that we know of, she wont have £900 to spare let alone returning my money, we are talking a bad landlord not a decent one, so i am not expecting any laws to be upheld anywhere. the law only applys to honest people like me, everyone else it means nothing to them

she is still telling us every thing is ok, and i have been told today that we have already wasted a month of the two months notice on her, so i ant waiting any more, i have three weekends to find and more the entiere contents of my house and garden, so thats either into a hired storage shipping container and then move into emergancy accomodation with the councill for gawd knows how long , it can be up to two years here, the dogs will be forced into kennels or will be taken off us, as the council here refuses to deal with dog owning families in emergancy accomodation, or we find a new private landlord to rent from within the areas we want to live in,without a deposit or any money changing hands, lol that ant going to happen

either way there is also the chance of me picking up work over the next few weeks so i have to plan every thing to be done within the weekends, i cant do any thing untill friday when i get some money to pay the £20 to find out who owns the house next door ( number one option) from the land registry,

and then this weekend i will then try to track them down and see them that will leave me less than 17 days in total of which 6 days are weekends.

to find , secure and organise, pay deposit, transfer detail, refferences and general shift several tons of belongings, to a new house

so i am not intrested in fighting to stay and wasting time or mucking about with a landlord who will in all proberbility lose the house no matter what lies they say to me, i am much better off shifting now rather than later on when its too late and i cant ever see the deposit money ever being returned even with a small claims case, these sort of people dont work with the law the jusy ignore it

 

[protheroe]

I really hope everything goes ok hp

 

[MartinL]

no money, we spoke to the people who know today, whats happened is that the landlord used an agency to let the house, once they realiesed they had a safe tenant they sacked the agency and started to deal directly with us ,

which ment the agency returned the £900 deposit to the land lord, now considering this landlord is being stripped of two buy to lets that we know of, she wont have £900 to spare let alone returning my money, we are talking a bad landlord not a decent one, so i am not expecting any laws to be upheld anywhere. the law only applys to honest people like me, everyone else it means nothing to them

If You paid the £900 to an agent then they should have paid it into a holding fund/ account not the Landlord!
The original agent may be responsible if it is lost.

 

[Black Comb]

I agree. They took your money - ask them for it back.

 

[region2]

Small Claims Court for the deposit - do it online for a £25 cost (payable by the landlord if they 'lose'.

R2

 

[AnotherNewBee]

As the landlord has broken the law you are, if you claim correctly, entitled to 3 x the deposit. He must pay this within 14 days of the court order.

Get in there quick, if it's not already too late.

See the Enforcement section in http://en.wikipedia.org/wiki/Tenancy_deposit_scheme

 

[hedgerow pete]

i see it as too late myself for the deposit, and any way i need to concentrate on moving forward rather than worrying about backwards. once sorted i might try it

 

[psafloyd]

i see it as too late myself for the deposit, and any way i need to concentrate on moving forward rather than worrying about backwards. once sorted i might try it

If you leave it, Pete, you won't get round to it and a grand is a grand.

 

[drstitson]

worth going for it pete - 3x compensation plus deposit back.

also presume agency had duty of care to ensure that landlord protected the deposit when they handed it to him. unless you specifically gave written consent for the deposit to be given to him? if not i'd chase them too.

 

[fox403]

If someone on here can do the small claims court online stuff for Pete I'll take a punt pay £25 fees just to prove the courts do work sometimes when he wins I get it back anyhow,,, so need someone with bit of a brain good with words?

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[AnotherNewBee]

I'd also be talking to the police. It's possible the landlord has committed a criminal offence by not securing the deposit. He has, almost certainly, committed fraud by spending his tenants deposit money instead of securing it.

If he's about to go bankrupt I'd definitely want to be at the creditors meeting as a registered creditor, even if there was no hope of me getting anything back.

If he's just struggling to make mortgage payments he's unlikely to be able to afford to pay back the deposits and compensation so I'd push him over into bankruptcy.

 

[hedgerow pete]

I am not going to give up on the deposits return, in fact according to the cab i should also add to the deposit small claims court the extra costs of finding a new home and removal cost and lose of earnings (?) because and personal damage etc, and then bang it in, she reconds its should be nearer three grand after the house move and not the grand before.

the main problem is in the next 20 days we have two bank holidays two weekends and 13 working days combined to organise shifting everyone so its no time to waste working out the small claims, it also allows the landlord time to refinance her self ready for me to claim off her.

belive me i ant forgoten a grand, i just need to concentrate first on shifting then dealing with the cause.

 

[AnotherNewBee]

The landlord has not secured your deposit and cannot evict you under certain circumstances. I wonder if there's a possibility that the lender, when they take possession, also cannot evict you. Do they take on some or all of the duties and responsibilities of the former landlord?

It may buy more time, for you, than it takes. Working at this problem from both ends may be worthwhile.

It seems inevitable, however, that you will have to move. If I was still living in your area I'd be helping you to pack.