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Landlords mortgage lender has repossessed home

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same thing happened to me, husband and three daughters. We had a call beginning of oct 2012 form debt counseller from the court who advised us ll had not paid, and bank was considering court action. we immediately spoke with agent who in turn spoke with LL. They reassured us that he had had trouble paying mortgage, but this was only while the property was empty and now we were paying rent it would be ok. We continued to pay (575 pcm). Then at 3rd jan 2013 bank called to say they were sending baliffs. after crying/arguing etc they agreed to let us stay for 2 months. Letting agent just looked guilty but insisted that there was not a problem and we could stay. i sent them a letter they banks solicitor sent to me then they said they would try to rehome me. Furthermore the repo had happened end of October, so in affect i had been paying 3 months rent to LL who didn't own the house, surely this is fraud? i spoke with CAB and local housing officer i was told that we should not pay rent after all who to? this would be the equivilent of me walking down the street and giving money to a total stranger. I will not be paying anyone rent, but i would love the LL or agent to take me to court for it as i would relish putting my views across! Incidently the house is in a terrible condition and we also found out it has a fradulent gas safety check so i have reported them to health and safety executive too.....

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same thing happened to me, husband and three daughters. We had a call beginning of oct 2012 form debt counseller from the court who advised us ll had not paid, and bank was considering court action. we immediately spoke with agent who in turn spoke with LL. They reassured us that he had had trouble paying mortgage, but this was only while the property was empty and now we were paying rent it would be ok. We continued to pay (575 pcm). Then at 3rd jan 2013 bank called to say they were sending baliffs. after crying/arguing etc they agreed to let us stay for 2 months. Letting agent just looked guilty but insisted that there was not a problem and we could stay. i sent them a letter they banks solicitor sent to me then they said they would try to rehome me. Furthermore the repo had happened end of October, so in affect i had been paying 3 months rent to LL who didn't own the house, surely this is fraud? i spoke with CAB and local housing officer i was told that we should not pay rent after all who to? this would be the equivilent of me walking down the street and giving money to a total stranger. I will not be paying anyone rent, but i would love the LL or agent to take me to court for it as i would relish putting my views across! Incidently the house is in a terrible condition and we also found out it has a fradulent gas safety check so i have reported them to health and safety executive too.....

 

Firstly, the advice given in the first part of this thread is wrong - even allowing for the year, 2008, it was wrong. (Since this post has been placed in a new thread - my comments in this paragraph and the next refer to this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?146257-Landlords-mortgage-lender-has-repossessed-flat&p=4094996&posted=1#post4094996 ).

 

The bank don't 'own' a property subject to a possession order, they merely take it to resell it - and any profits therefrom are payable to the owner (i.e. the landlord), if the LL was no longer the owner, this would not occur. Therefore, claiming rent is not payable is incorrect. The judge in the case, IF he said not to pay rent, really had no jurisdiction to do so since the contract between the tenant and the LL had nothing to do with the case before him.

 

The law is now different for tenants of mortgaged properties to that applicable in 2008.

 

So, to the above quote - no, it's not fraud that the LL continued to accept rent from you despite being subject to a possession order (probably suspended at that stage in any case). Even if an actual possession order was granted in October, the LL still has rights to the property until the day the bailiffs turn up and evict you (and effectively him), but the situation at that point remains that the LL will be entitled to any profit remaining from the property after it is sold and the mortgage(s) discharged. Until the day the bailiffs turn up, you are liable for the rent.

 

I appreciate that in your situation you think you are justified to withhold the rent, but you're not. In your situation, having been given a grace period by the mortgagee, you should in fact be paying your rent to them - and if they have not asked for it, then the LL could make a claim in court for it, on the basis that whatever he owes to the mortgagee would be less if you had paid for the period you remained in the house and the mortgagee has acted to his detriment in not demanding payment from you. He'd be very likely to win, and whilst the judge might be sympathetic to your situation, it wouldn't really have any bearing on whether or not the money was owing.

 

On the plus side, if you are still in an actual tenancy period with a tenancy agreement, then the LL has breached that, and you would be able to counterclaim for that - but given that the LL can't pay the mortgage, suing him would probably be a waste of money.

Edited by Lea_HTH

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New thread started. Please keep to this thread

 

Thank you

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i think i will take my chances, and after all if he does turn up in court to sue me for unpaid rent i will be bringing up the fact that he knowingly provided us with a fraudulent gas check, i think a max fine of £5000 and possible prison sentence would be worth a couple of months rent...

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you have to notify the court by way of a counter claim for that to be considered.

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to update, the person who we pay the rent to is not the and never has been the legal owner. after the court searched landregistry we have now found out that the mortgage was issued to people who they cannot trace. LL is totally unobtainable.

 

we think the LL was just handling for them, then approached our letting agent with the keys. Surely the letting agent should have done some checks? I am going to ask any potential LL for a reference from his/her last tenants, then we will know if they are a ****** who enjoy breaking the law (gas check, and we have found no liability/house insurance) and taking money from hardworking, honest people

 

further more we are landlords ourselves, we had to move due to work and rent out our home. we keep up to date with all legislation, and yes declare the tax from it (luckily we do not pay any extra as we do not profit).

 

I can only assume people who stick up for our LL have never been in our situation I would not have the moral to cheat our tenants then have the nerve to suggest i take them to court if they didn't pay rent.

 

PS i have spoken with the banks solicitor, who have told me not to pay rent- they do not want to be our LL's. but according to them I should only pay rent if the LL can prove that he has found us suitable alternative accommodation as it states in our tenancy agreement.

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So since posting yesterday at 10 pm or thereabouts, you now have an update that the LL is in fact not even the registered owner? Okay. :D

 

Finally (and this will be my final comment, so probably not worth responding to me as I won't read anything further on this thread), no one was sticking up for your LL. I was pointing out that the information in the thread you had posted to was wrong, and if you were assuming your own situation was similar, (as you did or you wouldn't have chosen to post on a thread that is more than four years old!), that you needed to be aware that the LL can (and that includes his agents acting on his behalf), and does, have a legitimate claim to the rent.

 

What you do with that information is up to you.

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thank you for your final comment-much appreciated.

 

ps easy to find out registered owner, land registre £3 instant information

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But OPs LL does not have to be registered owner. Only the freeholder appears on LR. So what value is that info?

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Hi

 

Have you contacted the Private Landlords section of your Local Authority to see if they are Registered ( Most not all Local Authorities now require Private Landlords to be registerd)


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