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Rental Flat being repossessed...what are our rights?(10 Posts)
We have had a letter from a solicitors which states our landlords have not met the terms of their mortgage and if they do not make any attempt to rectify it then the solicitors will arrange to sell the property 'with no further reference' to ourselves.
I called our rental office and the number was invalid. I emailed and got a reply saying that they had started a new company and yes the flat was being sold, but that really they had nothing to do with it anymore and they couldn't tell us anything other than to cancel our rent after the next payment was taken out. They also said that if we do get asked to leave legally we have two months to actually go, but I'm not sure I can trust a lot of what they say. I have been in touch with Cab who weren't that helpful.
Can anyone tell me what my rights are? Should we leave asap? Or will we get notice of having 2 months to leave?
Thanks in advance.
If they are looking to evict you in order to sell the property, you can (should) ask to remain in the property until they sell.
Ask if any eviction is going through the county court or high court. County court will notify you in advance, high court probably won't. You may not be notifiedif the case is transferred to the high court.
I'd ask the letting agent / solicitors to keep you in the loop re dates etc. If you can find alternative accommodation & can afford to do so, start looking ASAP. If not, do not move out until the eviction happens - you will be deemed to have made yourselves voluntarily homeless & won't qualify for emergency accommodation.
When the eviction happens, get your paperwork & immediately contact the council.
Start packing things up ASAP. Once the eviction has happened you will have a right to limited time to remove your goods. Make sure you take your tenancy agreement with you when the bailiffs arrive. I'd start putting all documents etc together now, in a folder, ready.
Sorry for any typos - absolutely streaming cold.
starting a new company? Crooked as...
either your landlords rented the place without permission, or haven't been paying the mortgage.
if you are able to move on, get house hunting. It is only going to get worse. If you need council accommodation, speak to them to ask for policy - you may indeed need to wait for physical eviction.
notice is 2 months but that is notice of when legal proceedings start, not 'you must be out'.
help from Shelter:
Also, if you know the date of eviction in advance (hopefully you will), get some bags packed for the first few days. Clothes, medication, phone chargers, documents, small valuable items etc. You may find the property will not have any contents insurance after the eviction.
Get boxes out for any large electrical items, ready to pack them up for transport.
If you know the day of the eviction, it would be a good idea to hire a van for the move - although the owner does have to give you access after the eviction, so it might be better to wait until it's happened, & arrange it at short notice.
Also recommend you try to get an emergency appointment at the CAB, to see if they can help.
Thanks for the responses. We have started looking for other places today. Having discussed it this evening we may email the landlords tomorrow and say we will pay the rent that's due on the 18th but are giving a months notice and will leave on Feb 18th. I'm not sure if there's any point, but we both just want to get out before it gets any worse. We do have somewhere we can go should we need to leave sooner/before new accommodation is sorted. In terms of deposit, it is in the government DPS. How do we go about getting this back? I appreciate your help, thanks
correct approach! I'd give that notice in writing as well, get proof of posting and make sure it is sent in time for the 18th; so get a shift on.
Just to check you've no fixed term tenancy keeping you there longer? This may cause arguments if you do although it doesn't sound like it.
there are three deposit schemes, and you should have the information as to which one holds yours. Read up on procedure but as it has been protected you shouldn't have any problems. Leave the property as you found it, less wear and tear, return all keys, read meters on departure, set up mail forwarding, job done.
I probably would also take pictures of the rooms ie: state of walls, skirtings, doors, bath etc. Pictures any furniture provided ie: cooker, washing machine. Pictures of the meters with the readings clear. Then email them to yourself so you have a dated record.
Never thought of taking pictures, great advice! Ive given notice by email and will send a letter tomorrow. Hopefully we can leave with no issues!
I'd consider cancelling the next rental payment unless your deposit is secured on trust. Check it out. If they're in financial trouble you want to ensure that you get your money back. Have you also paid the final months rent in advance?
Email the pictures so you have a date?
Know anyone semi official you could mail them to?
selves at work?
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