Landlord facing repossession hearing

[Ahoytheremate]

Good evening all.

 

I'll be brief.

 

We've rented a property last year, and a couple of times had a representative from GE Money turn up and inquire about the landlord, his whereabouts and so on. Eventually the same gentleman warned us from march last year until now, the landlord has only paid about £480 towards the mortgage of the property we went.

 

Today we had a letter come through advising the landlord a court date will be set in the coming weeks and to prepare for it. He gets all his post delivered to our address and this one was already open, so I decided to take a peek (yes naughty I know). He sent a very stroppy message to my phone at the start of the week saying "call me asap yeah?" Everytime I do, shocker, answerphone.

 

Landlord refuses to discuss the issue and says it's "in hand", GE Money will not officially talk to me as I'm not the landlord - I'm now getting very worried about my family. We have an 18month old and so far social housing have said "can't do anything until you're homeless". Council have said "not our problem until homeless, and even then there's a list". (paraphrasing of course).

 

Where do I go from here with the landlord?

 

*Edit: About me- work for fraud prevention for numerous insurance companies/warranty groups have done a bit of digging on landlord in my own time

Edited March 14, 2014 by Ahoytheremate
Update

[citizenB]

Until you get some visits from caggers who might be able to help, you might want to consider having a chat with the advisors at Shelter. They dont just deal with homeless situtations and might be able to offer some advice as to what you can do to protect yourself.

 

 

http://england.shelter.org.uk/

 

Housing advice helpline

Call Shelter’s free housing advice helpline on 0808 800 4444.

Shelter's helpline is open 8am–8pm on weekdays and 8am–5pm on weekends, 365 days a year.

Our housing experts will offer support you no matter what your housing situation.

 

Calls are free from mobile phones and UK landlines

[Ahoytheremate]

Until you get some visits from caggers who might be able to help, you might want to consider having a chat with the advisors at Shelter. They dont just deal with homeless situtations and might be able to offer some advice as to what you can do to protect yourself.

 

 

Cheers, Ill do some reading after work. Tried landlord again, still voicemail.

[citizenB]

Please do keep an eye on your thread - I am sure there will be caggers around when they have finished their day jobs

[Guest]

whats your tenancy, is it private?

see for eg http://www.adviceguide.org.uk/england/housing_e/housing_renting_a_home_e/repossession_by_your_landlord_s_mortgage_lender.htm

[Ahoytheremate]

whats your tenancy, is it private?

see for eg

 

Private, a standard shorthold tenancy reviewed every 6 months

[Ahoytheremate]

Guys, thanks for the answers so far - I got to leave work and will check on this later.

 

Much appreciated so far

[sequenci]

Was it a buy to let property? If so you should be able to stay until the end of the tenancy period.

 

If it wasn't, under the Mortgage Repossessions (Protection of Tenants etc) Act 2010 you can ask the court to delay the possession by up to two months so that you can find alternative accommodation.

[Ahoytheremate]

Was it a buy to let property? If so you should be able to stay until the end of the tenancy period.

 

If it wasn't, under the Mortgage Repossessions (Protection of Tenants etc) Act 2010 you can ask the court to delay the possession by up to two months so that you can find alternative accommodation.

 

 

I believe it was by to let but I will have to check first. (Again, stuck at work atm)

 

Cheers again

[Old Cogger]

Once I was told that the flat I rented (shorthold) 20 odd years ago, was needed to be vacated the council stated the same as you, but after threats of goods out in the street etc I was told that a council temporary accomodation will be available at a later date, and go into Bed Breakfast until then, but inform council of the move and to where and what time? on that date/time a council representative arrived at Bed & Breakfast asked if on benifits etc thyen if so a claim can be done with him, if not meantime they will be in touch for temporary housing soon,. And after 5 weeks we moved into temporary accomodation = so start pressure on the council as you will have a good case for re-housing even if not immediate and it will save you all the extra stress which we went thru in those days tring to fight it oiff to no avail> just my info of facts that happened in mid 1990s, after we got back on our feet eventually, the owners probably take landlord to court for re-procession and you have the probvlem then albeit delayed if yoiu stay?

 

sure others may comment as well.

[Lea_HTH]

The mortgagee does not have to deal with you, but you have been aware of the issues since last March, so clearly they have been keeping you informed. As such, when the court papers arrive, there should be a set for you and a set for the LL. You send in your defence (you're a tenant with a valid tenancy agreement), and the court will take that into consideration.

 

There is no guarantee that the court will grant an outright PO, the LL may clear the arrears before the hearing, or may come to an arrangement with the mortgagee to repay over a period of time. If that's the case, then your tenancy agreement will continue.

 

If a PO is granted, and the court allows you the additional two months in the property - then you will probably be ordered to pay your rent over to the mortgagee (I am surprised the mortgagee hasn't already instructed receivers and had the rent collected by them - this would be the usual route with a BTL).

 

Try not to worry - if you are hoping the council will rehouse you, as soon as you have the notice of eviction (if a PO is granted), they will start to look at your application.