If landlord is repossed where do I stand?

greenspun.com : LUSENET : Repossession : One Thread

Please help me.

I have reason to believe that my landlord is defaulting on his mortgage payments.

I originally rented a room with the rest of the house available to me a year ago. I had a rent book but the landlord said it was temporary to drawing up a proper agreement. The landlord said he was new to the proceedings and wanted to draw up a proper agreement. I lent him the past agreements I had had for past properties I had taken out for flats. However, this was the first time I had been in a flat share situation without an agreement.

I have never received a formal agreement from him, nor has he returned, despite request, the agreements I have had from other flats I have rented.

Just over a month ago, after I phoned him to see how his fiance and inpending baby were doing, I was told that he was going to put the property on the market.

I said this was okay, as he was not proposing to do so until a month had expired, but that I would like to remain in the property until it was sold.

He agreed that this was okay.

However, he has not put the property on the market.

But, I have had a visit from his mortgage company who have sent an advisor to discuss his mortgage arrears. They want to contact him as soon as possible.

I will not tell you how I learnt this - but I did not answer the door directly.

Where do I stand now?

The previous "share tenant" left many months ago. I am the only one remaining despite saying that I would be happy for someone to share.

I have no agreement in writing. I have nothing on my tenancy agreement, as I now pay to his account direct from my internet banking service.

There are a lot of my things here - personal effects and furniture, tv, an enormous amount of books, white goods, etc, that I would find it hard to replace.

Where do I stand on this?

What can I do?

By the way ... this is the 5th time I've rented and each time the landlord has chosen to sell within 6 months of my being the property. Most of my effects are in storage and have been for several years.

But I do not have the money to buy. And I'm in my 40s. I have worked consistently .. but I have never earnt enough to ever consider anything but renting.

Please help me.

Thank you.

-- Heather James (heather@hjames.demon.co.uk), October 31, 2004


If your landlord is repossessed (i.e. the lender takes him to court and gets a posession order), then you will ultimately be evicted from the property by the Bailiff if you do not leave of your own volition.

It is quite possibly, and probable from what you say, that your landlord has not only not been paying the mortgage, but also has not told his mortgagees that he has rented the property out.

You need to wait for the outcome of any court proceedings - it might be that the landlord will end up with a suspended possession order which allows him to retain the property for payment of regular monthly instalments plus something each month off the arrears. On the other hand, it might be an outright possession order giving possession usually within 28 days.

You need to contact the local authority about rehousing you, but they may not have a liability to do so, plus you need to be looking yourself.

I personally would not pay any further rent to the landlord until this is sorted out and on a proper footing!

-- David J. Button (davidjohnbutton@supanet.com), October 31, 2004.

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