tenents rights

[Chellebelle3]

Can anyone help us please.

My partner and I recently rented a beautiful 4 bedroom house with our 3 children. It has quickly become our home and the children have settled in nicely.

However a few days ago a letter fell through the door marked from the county court. As it was unsealed I took a peek at it. To my utter shock and amazement it turns out that the mortgage company are seeking repossesion of the property as the owner has not paid the mortgage on it for about 8 months.

It is a relatively small mortgage and I do not understand how he cannot know he hasnt paid it given that I know how much he takes off us for rent!!

They are seeking repossesion on 26 march so this poses more than a few questions for us but the main one being "Where do we stand legally as tenants and what happens to us if a repossesion order is granted?"

I should tell you also that we rent this property through an agent and the owner works abroad so is difficult to contact. We asked when we first took on the property if we could redecorate and the agent is still trying to contact the owner to this day!!

Can anyone help with this matter. All my friends keep telling me not to worry but I cant help but worry

[Buenchico]

This might help:
http://england.shelter.org.uk/advice/advice-89 11.cfm

Chris

[Chellebelle3]

Thank you Chris it does help

[shomer42]

I would not pay any rent until the agent tells you the landlord has cleared the liability.

Also, although you have no standing at the Court hearing, the mortgage company need to be told you are in possession of the property, I recommend you advise them and send a copy of the lease.

[classygirl]

Hi! This exact same thing is happening to me and I was just wondering if you have found any answers that might help me. thanx

[Chellebelle3]

HI

thank you to all who have replied to me. Unfortunately we received another repossesion notice fron another mortgage company about a week or so ago and have made the decision to move from the property now.

We did find out though that you are legally allowed to attend the repossesion hearing as you are what they call a " interested party". If they do decide to reposses then a 28 day notice will be posted on the property at court and then should the matter not be resolved it goes back to court and the judge makes a ruling for the balliffs to go in and change the locks and its by that date that you have to have vacated the property.

There is also a clause that may be in your tenancy (think its schedule 2 grounds 2!) which basically relates to the mortgage. this clause means that should the mortgage company reposses then all rights as a tenant are waived.

We would have gone to see a solicitor but they wanted 250.00 just to read m y tenancy and then when the second court notice came through we just decided to bail. We did contact the agent and tell him that we were with holding the rent till we knew what was going on and then we contacted him to tell him we were terminating our tenancy. Luckily for us the agent understood but i am advised that the landlord could have taken us to court for breach of tenancy even though he put us in this position!! The agent explained to him though that he would not have had a strong case and that he would not really find it acceptable.

I hope this helps you