Horrible situation going on very close to me, this will be very long so my apologies in advance, I am posting here for traffic which I know is annoying and I have name changed. House is a BTL with a couple of flats that is going to auction after a couple of failed repossession attempts. Receiver has put it up for auction saying that they don’t know the occupancy status and that the mortgage company aren’t in possession.
The person who owned it has been fighting to keep it but failed to get decent legal advice hence current situation. A couple of people have tried to view it and another knocked on our door to ask for info I don’t think he will go for it as felt not enough profit in it which is a shame as I think he would have done right by the guy in it who has SEN. Not sure if there is an official diagnosis but he is clearly vulnerable and needs support.
House is currently occupied. One of the people is a previous tenant who left when the first eviction notice came from the court but landlord persuaded to move back in to the other flat in the building from before, pay rent to them and not the receiver, not tell anyone they are there.
2 deposits have been paid by him. One first time when he moved in and one a second time recently. First deposit wasn’t recorded in the lease (states nil deposit) .When tenant moved out the landlord refused to give it back as said tenant hadn’t given him 2 months notice which obviously he was unable to do given situation with court repossession notice.
When he moved back in he paid a second deposit double the amount of the first. I am assuming neither have been protected and that landlord has done it so officially the deposit hasn’t happened. Tenant is philosophical that this money has gone but I am including this as part of the picture.
Landlord has told him that he will sort council tax and he isn’t to tell anyone he is there and that he needs to sort the garden which previous tenant left in a mess. He has done very well. The flat is a poor state of repair with no functioning boiler, large holes in floor and walls and it is mouldy.
Landlord has previously told me that he is a very good tenant who looked after property really well and always paid rent on time.
Council have told him they need a letter from landlord to say he is being evicted which he knows Landlord will not do. Tenant has now realised the situation he is in and has been trying to find a new flat but situation is dire here on the rental front plus he doesn’t present particularly well so no luck so far. He is now prepared to move out of area and then come each week and stay on his Mum’s sofa to keep his job. He has a partner who is over 60 who he lives with.
He accepts he was unwise to move back in, others warned him not to but he wanted to have the garden for his cat. He does understand that by leaving and returning he technically squatting but I am not sure he understood this when he moved back in. He didn’t understand who receivers are or their role, didn’t know about how paying deposits work and the deposit protection scheme but I think he does now.
The guy who was interested in buying the house pointed out that officially he never left, there is a AST that exists that the receivers must have as it is online with names redacted and that there is a repossession order sent to him with his name and that no one knows that he isn’t in same flat as before which is a good point.
Apologies this is so long , I wanted to give the whole picture, if anyone has read this far then thank you ! It’s not a situation I have any experience of, have read up on it but am hoping there are people here who can advise so I can help him - if he will accept my help. The auction is very soon. Thanks very much.