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Additional Details
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Rachel M | My landlord has a repossession order on his flat and we are sitting tenants what can we do? |
Additional Details
we have paid the rent regular each month and now the landlord has had a court letter saying the mortgage agency are repossessing the flat next month and he has to move out. We are the tenants not him and we cant afford to move this quickly and have a small child. what can we do?
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old.holly265
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Stanthemansmum is partly correct on this one.
The legal position is that the possession order operates against any and all persons in occupation. That being so, you are threatened with homelessness and, with a small child, are in priority need. The local Council's homelessness team MUST therefore be contacted immediately to be made aware of your position. That way, if the mortgagee issues a warrant for possession (as they will legally be able to do), which WILL cause you to be evicted, at least the safety net will already have been engaged.
The Council can do one of two things for you, and I have known both over a long and varied career. The first is that they will find you somewhere to live. The second is that they could approach the mortgagee to allow you to stay there, paying rent, for a while.
If they do the latter, this is only a temporary fix. The reason is that if the mortgagee does take possession, they are under a legal duty to sell and obtain as much as possible (any surplus goes to your current landlord). That being so, you could always contact the mortgagee, point out that you are regular payers and ask to buy the property from them. It's worth an ask.
But, whatever else you do, you MUST contact the Council immediately. |
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blogsjulie
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go to your local cab office and they will tell u what u can do |
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stanthemansmum
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DO NOT just move out - whoever says this is talking out of their ar*e! Get in touch with your local council - the private tenant's department. They will either visit you or make an apointment for you to see them. Take your contract and all letters with you. They will explain your rights and contact the mortgage people letting them know that there are tenants in the property and that they will have to go to court and get a reposession order to get you out.
If you just leave the property you will be making yourself intentionally homeless and the council will be under no obligation to rehouse you - and you may well need this help. The council deals with this nearly every day and will give you the best advice and support.
Do it today. |
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expert_ease
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Has the landlord looked at all his options, while i was researching this topic i came across the site below which has information about landlords selling houses and the tenants being able to stay in place. |
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susan m
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Sorry to say but I don't know that there is much you can do. Many are going through the same thing as you are. In fact a young couple that I know just went through it and yes they had to move. They also had been paying there rent monthly and there landlord told them that the complex was in repo, they too only had 30 days to get out. The next fear will be is when you go to rent another place how do you know that it's also not going into foreclosure and they are just taking your money. Please keep your eyes and ears open to these crooks, cuz it's happening all over. Best of luck |
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estielmo
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You can move. The repo cancels all leases. |
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GB01977
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You have no option but to move out because a repossession means that the “landlord” is not the actual owner of the property and hence cannot rent it to you. His non-payment of his mortgage makes the bank the owner of the property and your lease agreement invalid and illegal.
However one thing you could try is try emailing the bank and ask if they will allow you to rent. These days they may be OK with some revenues than no revenues, but you never know. The banks never had sense in the first place. If they did we wouldn’t all be in debt to the tune of 85K / US house hold. Well lets give the war some credit as well, but you know what I mean.
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MICHAEL D
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Have you paid the rent? |
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domenic t
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Move out. After all, it's your landlord's place and he should have the right to do what he wants with it. Why don't you want to leave? |
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