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Landlord hasn't been paying mortgage on flat we rent. Flat being repossessed. What rights do we have and what should we do?

7 replies

Benjy · 14/05/2009 13:20

Does anyone know? I have a 10 month old DD and am 6 months pregnant with DC2. I have to go out now but will be around later.

OP posts:
rubyslippers · 14/05/2009 13:21

where has your money gone?

Get to CAB i think

MrVibrating · 14/05/2009 13:48

The charity Shelter will provide you with the help and advice you need.

If you are in England, read this and then use the link there to get an adviser.

Different laws apply in Scotland, so start here instead if that's where you are.

ruddynorah · 14/05/2009 13:57

this happened to my sister. it was bought by another landlord so she was able to stay on. hopefully the same will happen to you.

moshie · 14/05/2009 13:57

This happened to my niece and her friends. I don't know all the details but the house was auctioned, buyer became their new landlord and they're still there.

iheartdusty · 14/05/2009 17:35

tell the mortgage company you are there.

go to the court hearing date if you want - the judge can't do anything for you, but you will get to hear the date when the landlord has to hand it over to the mortgage company.

The only exception would be if your tenancy started before the mortgage - then you have rights to stay.

EvenBetaDad · 14/05/2009 18:10

This happened to us in the last housing recession in 1992.

The simplest solution is just find another flat/house to rent and leave ASAP but only as long as you can be sure of getting your deposit back. Write to your landlord / agent and notify them you intend to leave due to repossession and demand the deposit is repaid before you leave.

If you are in financial difficulty and / or cannot afford to rent another flat / house then do wait to be evicted so that the local authority will be forced to rehouse you. Do not make yourself homeless by leaving early.

If you are really stuck and canot afford to move then do go to the hearing and ask if you can speak to the judge or even better just write him/her a letter. They may give you more time before eviction.

Do write to the lender nad offer to pay rent to them if they will sign a new tenancy agreement. They will probably not reply as they will not want to acknowledge your tenancy but if you keep several copies of that letter then do also attach a copy to the letter you send to the judge to show you have tried to offer to pay the rent to the lender and you may get sympathy.

As you are pregnant and have another child you may well also get more sympathy and more time to move.

In reality you have few rights though unless the tenancy was signed before the mortgage was taken out.

It is the most shameful aspect of the current rental market that landlords can just stop paying the mortgage and the tenant suffers. There is so much talk of helping homeowners stay in their homes at the moment due to the recession but no help for innocent tenants.

iheartdusty · 14/05/2009 20:34

well it is possible that the landlord may make a deal with the mortgage company, or get the judge to make an order letting him keep possession if he pays the arrears off along with the monthly instalments. So there may not be any eviction at all.

but otherwise I think EvenBetaDad is right.

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