Private Property rented - Possesion ordered by court before contract signed - repossession - fruad ?

[2ltr16valve]

Hi all,

 

Looking for some advise here.

 

My sister needed to move urgently as her life was in danger at the address she was at, she found a private place to rent in my local area.

She viewed the place with myself and my other brother present and it looked fine, nice big house, big garden.. pretty much perfect. She asked when she could sign and get the keys as was told, that could happen that day.

 

The afternoon on the day she signed for the house on a 12 month tenancy and paid a month in advance and her current month £975 x 2 = £1950 Plus admin fee of £150 making a total of £2100.

 

 

On moving her stuff in, I noticed a letter on the side that had been picked up with the pile at the front door... but on this one I noticed a county court stamp visible through the envelope window, addressed to MR xxxx xxxx and ANY OTHER OCCUPIERS. So told my sister to open this as its serious.

On opening the letter it was in fact from the local county court ordering that the property be repossessed on 29th April in the morning. The claimant is TSB I think, the mortgage company I believe.

 

My sister phoned the landlord directly who denied any knowledge of this and that this was the first he had heard of it, he come over and took the letters (not before we photocopied them though).

 

On Friday evening the previous tenant knocked on my sisters door asking if there was any mail for him, so my sister asked if he knew anything about this and he did. From his information it seems that the Landlord had been behind in his mortgage payments for around a year, and the previous tenant had to go to court to get an extension on the eviction in order to find alternate accommodation. So it appears the Landlord did in fact know about this.

 

My sister signed for the house on 1st or 2nd April and moved in on 3rd.

 

 

The landlord is apparently going to the county court tomorrow to sort it all out, but in light of the other information it seems unlikely the court or lender will be favourable to him.

 

My sister has been to the police already as if proven he knew the property was being taken off him, he has committed an offence of "obtaining funds by deception" and possibly others..

 

 

Where does my sister stand with this and what are her options with regards the Landlord signing her up to a house that he knew he could not provide the 12 months accommodation (in fact not even 1 month), also the house was let via a letting agents.... are they held jointly liable here ?

 

Many thanks and sorry for the long post.

[2ltr16valve]

bumpy bump :~(

[2ltr16valve]

Update.

 

My sister called the landlord today and demanded her money back as advised my the police.

 

The LL has admitted he has spent it all, i.e. DEPOSIT and months rent.

 

His defence "he did not know he could not spend it all"

 

 

He is offering to repay her on 5th may out of his student loan. But the fact he has not put the deposit in a protection scheme, if I am right in thinking he has already committed an offence ?

 

Also, my sister was let this property through an agents... although, none of the agents details are on the contract (only the LL's details and my sisters)... are they jointly liable in this as the money was paid to them, and they passed this to the landlord... no receipt was given, and a receipt was refused after when asked for.... !

 

They are trading as "prime property" and advertise on gumtree generally.

 

they do have a office locally

 

Thanks

[Ell-enn]

Perhaps he used the deposit and month's rent to reduce the arrears so the lender wouldn't repossess - if he went to court and showed the judge the tenancy agreement he has with your sister then he may have been able to get the possession suspended as no doubt he will be using the monthly rent to pay the mortgage. Your sister needs to know if he has gone to court to "sort it out" as he said he was going to - can she contact him and ask?

[2ltr16valve]

Perhaps he used the deposit and month's rent to reduce the arrears so the lender wouldn't repossess - if he went to court and showed the judge the tenancy agreement he has with your sister then he may have been able to get the possession suspended as no doubt he will be using the monthly rent to pay the mortgage. Your sister needs to know if he has gone to court to "sort it out" as he said he was going to - can she contact him and ask?

 

 

HI Ellen,

 

Appreciate your input, No he has not paid anything to the court. He has a court date for the day before eviction on 28th, the eviction being 29th. My sister can not stay in the property not knowing if she will have anywhere to live 24 hours later.

The possession has already been suspended before so the previous tenant could move out in time and find somewhere else to live. The LL attended court with him also, so knew full well this was ongoing.

 

The LL owes around £7k, and has admitted he has nothing up front to offer the bank.

 

He has also admitted that he was meant to pay off the arrears by paying an extra £150 p/m on top of his mortgage but did not keep to this.

 

Thanks

[supporter2010]

Hi all,

 

Looking for some advise here.

 

My sister needed to move urgently as her life was in danger at the address she was at, she found a private place to rent in my local area.

She viewed the place with myself and my other brother present and it looked fine, nice big house, big garden.. pretty much perfect. She asked when she could sign and get the keys as was told, that could happen that day.

 

The afternoon on the day she signed for the house on a 12 month tenancy and paid a month in advance and her current month £975 x 2 = £1950 Plus admin fee of £150 making a total of £2100.

 

 

On moving her stuff in, I noticed a letter on the side that had been picked up with the pile at the front door... but on this one I noticed a county court stamp visible through the envelope window, addressed to MR xxxx xxxx and ANY OTHER OCCUPIERS. So told my sister to open this as its serious.

On opening the letter it was in fact from the local county court ordering that the property be repossessed on 29th April in the morning. The claimant is TSB I think, the mortgage company I believe.

 

My sister phoned the landlord directly who denied any knowledge of this and that this was the first he had heard of it, he come over and took the letters (not before we photocopied them though).

 

On Friday evening the previous tenant knocked on my sisters door asking if there was any mail for him, so my sister asked if he knew anything about this and he did. From his information it seems that the Landlord had been behind in his mortgage payments for around a year, and the previous tenant had to go to court to get an extension on the eviction in order to find alternate accommodation. So it appears the Landlord did in fact know about this.

 

My sister signed for the house on 1st or 2nd April and moved in on 3rd.

 

 

The landlord is apparently going to the county court tomorrow to sort it all out, but in light of the other information it seems unlikely the court or lender will be favourable to him.

 

My sister has been to the police already as if proven he knew the property was being taken off him, he has committed an offence of "obtaining funds by deception" and possibly others..

 

 

Where does my sister stand with this and what are her options with regards the Landlord signing her up to a house that he knew he could not provide the 12 months accommodation (in fact not even 1 month), also the house was let via a letting agents.... are they held jointly liable here ?

 

Many thanks and sorry for the long post.

 

Why was her life in dangerat old address???

The New landlord sounds like a right one aye!

[2ltr16valve]

Why was her life in dangerat old address???

The New landlord sounds like a right one aye!

 

Not relevant mate

 

Any yea, he is ! Little does he know what poo storm will be coming his way.

[supporter2010]

Not relevant mate

 

Any yea, he is ! Little does he know what poo storm will be coming his way.

 

Awww we want to help you but we want to know the goss too!!

Why is it dangerous at her old addy??

[Aviva]

Can we stay on track?

 

Sorry 2ltr16valve don't have any help for you but as a private renter would like to know more myself as what has happened to your friend is awful.

 

Your friend should be able to get advice from the Private Tenants team at their local Council (may be called something else though), the CAB or Shelter.

 

Hope it works out for your friend.

[2ltr16valve]

Can we stay on track?

 

Sorry 2ltr16valve don't have any help for you but as a private renter would like to know more myself as what has happened to your friend is awful.

 

Your friend should be able to get advice from the Private Tenants team at their local Council (may be called something else though), the CAB or Shelter.

 

Hope it works out for your friend.

 

 

Thank you Aviva.

 

My sister has been to court today to get a N244 in, to see if she can get the eviction delayed so she can find somewhere else to live.

 

From putting this form in, we have been told by the helpful court staff that the mortgage on the property is a private mortgage and should not be let out !

 

Shes in court Wednesday so see how things go.

[2ltr16valve]

**** UPDATE ****

 

Right, Was at court today and to be honest I am gob smacked at the utter contempt of this landlord !

 

 

Firstly, he offered £2000 ~ off of £13k :o arrears ! based on that the tenant (my sister) would be paying the rent which would cover the mortgage... only he had not accounted for the fact he should not be letting in the first place.

 

The agents had also got my sister to sign a section 21 notice when she took the contract out, dated for 12 months from the start of the contract :o

 

Anyway, thats all pretty irrelevant now.

 

 

The lenders solicitor refused the offer on the basis my sister now has a property provided through the local authority but privately let through a real estate agents so shall not be staying in this property due to the sheer deception show by the landlord.

 

The landlord in court admitted to the District Judge that "he spent the deposit and does not have it any more" and that "he had an agreement end of last year to pay extra but did not pay", this guy has paid nothing since FEB 2009 ! not a penny

 

So, the District Judge has given 14 days grace to my sister on the enforcement of the possession order, meaning I think that the title of the property is still removed as of tomorrow and passed to the lender (or something like that).... but the bailiefs will not enforce this until after 12th May 2010.

 

The District judge also said to the landlord "the tenant has a very very strong case against you for 1) breach of their peaceful enjoyment of the property. 2) Breach of not protecting their deposit as well as costs. I suggest you seek immediate legal advise".

 

 

So, regarding the above paragraph above.... I have contact the 3 TDS schemes, one has replied so far but all have confirmed by phone that they do not hold the deposit.

 

What do we put on the form please to submit to court ?

 

The judge also said that if awarded he would order the amount payable from the sale of the property.

 

Many thanks