Urgent Help house repossession I Rent off landlord

[jamestoday78]

I'm renting a house and have been for two and a half years, i have always paid rent into landlords bank account and never really heard from him we paid £975 depiost when we moved in. he has not got a buy to let morgage. We have since found out he has not being paying the morgage since christmas and in court for repossession in a couple of weeks, although i have all the papers because since found out can not contact him at all, phone disconnected and address on tenancy agreement i believe owned by his parents and everytime i go there they ysay he does not live there and don't know any contact details. Can the court go ahead with repossession without him being there? Also today had a letter from the land register bunkruptcy department for him for separate case???

Do i have any rights at all? just been made reductant got no depoist for another place as landlord got it?? do i need to start packing my boxes and advice or help would be gratefully accepted on this very stressful suitation please...

[jamestoday78]

Please anyone with any advice please

[Ell-enn]

Hi James, can I suggest you contact Shelter Shelter England - The housing and homelessness charity

 

They will be able to advise you regarding your tenancy and the landlord's repossession situation.

 

In some cases the building societies will allow the tenant to remain in the property until it is sold with the rent being paid to them - I don't have personal experience of this, but I have read of these cases. If you contact Shelter they will be able to tell you what to do.

 

Ell-enn

[Nightmare4banks]

Jamestoday1978,

 

In reply to your post and in order to possibly assist you further,please answer the following questions:

 

1.How do you know that your landlord does not have a Buy to Let mortgage?

 

2.When did you sign the tenancy agreement and for how long?

 

3.How much is the monthly rent?

[jamestoday78]

I have since spoke to landlord and is not going to appear in court i have the paperwork for court case, morgage was interest only, I signed tenancy Nov 06 for six months with roll on month by month. Rent is £650 a month. He has not paid since Oct 08. He says he has gone bankrupt and house is part of that. The court case is monday 11th May. Will they just give a repossision order because he has not turned up. If so how long will they give us to leave??

[Nightmare4banks]

Jamestoday78,in reply to your last post:

 

1.You still have not confirmed whether the landlord has a Buy to Let mortgage or not.This is an important matter as there are two types of morgages.

 

2.In one particular type of mortgage, the tenant would be allowed to remain until the lender decided to sell.The second type would involve you speaking to the bailiffs and they should give you a bit of breathing space to find an alternative place to live.

 

3.In order for the house to be repossessed,there would have to be a high level arrears and no repayment plan on offer by the mortgage payer.

 

I would suggest that you contact the court and find out what is actually happening.In the meantime,look for an alternative place to live.

 

One other question -

 

What has happened about your deposit?

Edited May 6, 2009 by Nightmare4banks

[jamestoday78]

Thanks, it is not a buy to let, Deposit was £975 but was before the new guidelines( Nov 06). Have now been advised that at the hearing a 28 day order will be given propably, if keys not handed back then they will apply for a eviction order. with a further 14 days to leave, I believe this is served on lardlord but as his mail comes here, we should get this time. Hopefully...

As said landlord has no interest in fighting the case and is not going to appear

[Nightmare4banks]

jamestoday78,

 

In reply to your last post:

 

1.You should receive any notices as they are served on the address for the attention of the occupier.

 

2.Try and come to some possible arrangement for the landlord to refund your deposit so that you can move out more easily.

 

3.If the property does not have a Buy to Let mortgage,just speak to the bailiffs to come to some arrangement as soon as you are aware of the eviction.

 

Anyway,I hope this helps.

 

I f you any more questions,just ask.

 

Keep us posted.

 

All the best!