probable repossession

[helmsman]

Re: probable repossession

Hi,
If you are going to move or be evicted just a suggestion because of the LL why not change the locks and become a squatter for a few months, no rent to pay. A few months grace to find somewhere else, I think the owners will want to sell the property asap to recoup their money.

[PlanB]

Re: probable repossession

Just remember that DJs have enormous discretion when faced with repossession proceedings. The CPRs are owner/occupier biased on this issue. If (and I stress if) the DJ thinks that it won't disadvantage the lender he could chose to make a suspended possession order on condition that the mortgage gets paid from now on. Try to find out whether your rent would cover the mortgage payments because there could (and I stress could) be an arrangement that you pay your rent direct to the lender in future. Of course all of this relies on your LL's co-operation so don't piss him off until you've seen your solicitor for advice on Jan 4th

Finally I see no reason why your solicitor shouldn't approach the lender's solicitor now to ask for an adjournment of the hearing while you get your legal act together. They can always re-list at the click of a mouse if they've done this on the PCOL system. Got to be worth a try

[BBoo]

Re: probable repossession

I've got a formal tenancy agreement...the rent is due the day of the repo hearing so i'll be hanging onto that until i know who to pay! I can see the deposit going up in smoke

It's good you've got a formal agreement. Also good you have a rent due date the day of the hearing as if you don't have a chance to get your deposit back, you can always withold your rent in lieu of the deposit.

The rent will be due to the landlord as he is letting it unlawfully anyway. It will be for the landlord to make any payments ordered by the court. As said above, you've done absolutely nothing wrong. You're only looking to attach yourself to proceedings to protect your own interests. I have no doubt the court will be very sympathetic to your plight and will want to do everything possible to help you. It's certainly nothing to worry about.

Glad you're going out - sometimes when these things are playing on your mind it's best just to go out and try to forget about them for a while.

[PlanB]

Re: probable repossession

I'm happy you've now got a solicitor on board. Will you get Legal Aid for this advice? Also most county courts have a Duty Solicitor hovering around on repossession days who can also help you for free. Get to court an hour early for the hearing and tell reception that you need to speak to him/her they will arrange this, and you may be able to have them represent you at the hearing for free (they are subsidised by CLS). Even if you only get an adjournment it could take another month or more to get the case re-listed which buys you more time.

The law is firmly on your side on the deposit issue. The LL will legally owe you three times the amount you paid and that is that. You can only apply to the court for this (use www.moneyclaim.gov.uk) while you are in the property so do it before you leave. If you don't pay next months' rent then you won't have lost anything unless your deposit was for 6 weeks money, but you can claim that all back on top of the 3 months' penalty

Did you take the flat through an agent because if you did they may have a duty of care towards you too. You would probably have paid an admin fee at the time which entitles you to some protection over how the deal was set up. You could have a case of breach of contract if they messed up. All agents have to get the LL to provide concrete evidence that they have permission to let a property from their lender. If the agent failed to do that then they're in big trouble. Did you pay your deposit over to the agent with the initial rent? If so then they are definitely involved! There is a Property Ombudsman Scheme www.tpos.co.uk where you can refer a complaint against the agent and seek financial compensation and the service is free just like the FOS only a lot more efficient

I would put my energy into tracking down the LL current address because once NR know where he lives they would have difficulty in ignoring that information and trying to get possession without his involvement

What date is the hearing?

[confused76]

Re: probable repossession

Have you got someone that can go with you for support?

Remember, you have done nothing wrong, so please don't be nervous. The landlord might be struggling, but has taken and kept your deposit and put you in this position (okay so we don't know his circumstances, but it certainly isn't your fault!) so you have every right to battle for your home.

The reality is, you won't be living there forever, but you need all the help you can get right now - you have to put yourself first. Hopefully the lender will also be kind to you and possibly allow you to stay.

So many possibilities, so don't torture yourself, just do your best and what will be, will be.

xxx

Mr C will come with me, i won't be on my own thankfully. I know this sounds ridiculous but i feel guilty that i'm going to have to blow the LL up to NRAM! Especially when you consider that we might not see the deposit again. I know i'm being daft...especially when we're the ones being made homeless not the LL. get a grip conf

Thanks, your post really helps. You're right, we haven't done anything wrong, we've always paid the rent on time and we've looked after the place.

I suspect the LL has given up on the place as they haven't been to pick their post up for weeks and i've told them there is important looking letters for them.

I'm going to do something else for a few hours xxx

[diddlydee]

Re: probable repossession

Have you got someone that can go with you for support?

Remember, you have done nothing wrong, so please don't be nervous. The landlord might be struggling, but has taken and kept your deposit and put you in this position (okay so we don't know his circumstances, but it certainly isn't your fault!) so you have every right to battle for your home.

The reality is, you won't be living there forever, but you need all the help you can get right now - you have to put yourself first. Hopefully the lender will also be kind to you and possibly allow you to stay.

So many possibilities, so don't torture yourself, just do your best and what will be, will be.

xxx

[confused76]

Re: probable repossession

I guess your main priority now is doing your best to protect your deposit. It looks like a word with your landlord may be in order. Do you have a formal tenancy agreement, or was it an informal agreement?

I've got a formal tenancy agreement...the rent is due the day of the repo hearing so i'll be hanging onto that until i know who to pay! I can see the deposit going up in smoke

[confused76]

Re: probable repossession

thanks Diddles.....x

Well i've just been on the phone to a solicitor who gave me some advice on the phone, and i also now have an appointment with her 4th January to go through things in more detail.

She basically said that i need to let the lender know that i live in the property and also that i should attend court on the day of the repo hearing! She said that because the LL doesn't have a buy to let mortgage then NRAM don't have to honour our tenancy agreement. However, if we attend court then the judge can see that we are risk of being made homeless and might give a 28 repossession order rather than an outright one.

She said if i go in on the 4th she will tell me what i need to do and say in court. I have to say that i really don't want to get involved and go to court, but the LL has put me in this position and i haven't got any choice.

It took me ages to find someone who would speak to me (CLS want to know exact bank balances and partner's income etc, answerphone on at CAB, CCCS will only advise if it's your own mortgage, the council are permanently engaged and so on!) She was very helpful, i'm just now dreading having to go to court, especially if the LL turns up!

[BBoo]

Re: probable repossession

I guess your main priority now is doing your best to protect your deposit. It looks like a word with your landlord may be in order. Do you have a formal tenancy agreement, or was it an informal agreement?

[diddlydee]

Re: probable repossession

Very best of luck, confused. Will be thinking of you today and hope that things work out okay. Shitty end to the year for you, so heres hoping 2012 gets better

[confused76]

Re: probable repossession

Thanks Garlok...

Well i thought i'd keep this thread updated today as i make various phone calls, you never know it might be useful for someone else in the future (although i hope not!)

I rang the court, i do need to fill out form N244 and get that sent in. He said that at that court hearing bailiffs wouldn't be instructed, that would be at a later date, so we might have a bit more time than we thought (although still not what we want eh!)

I've rung the 3 deposit protection schemes and none of them have a deposit registered for me (surprise surprise!)

I'm off now to try and get some further advice. Thanks to everyone who has contributed to this thread x

[garlok]

Re: probable repossession

Hi confused,

Sorry this is not my scene at all as we have only lived in rented accomodation once and that was over 40 years ago now,

Hence don't really know the ropes. Hope all works out well for you and you know if there is anything I can do just shout.

regards
Garlok

[confused76]

Re: probable reposession

You already have excellent help re the court and what to do but with regard to the deposit, you can check the 3 deposit registries to see if it has been lodged with them then if its not which like you I suspect will be the case, you could withold the rent for a month or until it is protected BUT send a letter recorded delivery to the last address you have for the landlord and put the money in a savings account so that you can be seen to have put it aside rather than just not paying it. That way IF it got raised as a point in court you could say that it is there waiting for whoever as and when the deposit is lodged.
You would need to hold it to cover a period prior to the court case as the court may tell you that the next rent payment after that should be paid to the court or NRAM.
Definitely let the court know and it could well be worth sending a copy direct to NRAM with a letter setting out the circumstances so that they are aware of whats going on. I have a mortgage with them and they were very reasonable to deal with on the phone when I had things I wanted to discuss with them.

Good luck with it, hope you get more than a few months to stay there, since properties are not selling well yet its very possible that they would rather have your money than a debt that they know is unlikely to be paid by the landlord especially if its just the rent that they are receiving.

thanks for your advice...a few things for me to think about there. I've got quite a few calls to make about this tomorrow The rent is actually due the date of the court hearing, i'll be hanging onto it until i know who it should be paid to. I'm going to ring around the deposit x3 people and see if it's help in a scheme. Thank you xx

Can't give any advise either Conf but you've got my support matey and sending you a big hug

ahh thanks matey x

[IF]

Re: probable reposession

Can't give any advice either Conf but you've got my support matey and sending you a big hug

[Susie]

Re: probable reposession

You already have excellent help re the court and what to do but with regard to the deposit, you can check the 3 deposit registries to see if it has been lodged with them then if its not which like you I suspect will be the case, you could withold the rent for a month or until it is protected BUT send a letter recorded delivery to the last address you have for the landlord and put the money in a savings account so that you can be seen to have put it aside rather than just not paying it. That way IF it got raised as a point in court you could say that it is there waiting for whoever as and when the deposit is lodged.
You would need to hold it to cover a period prior to the court case as the court may tell you that the next rent payment after that should be paid to the court or NRAM.
Definitely let the court know and it could well be worth sending a copy direct to NRAM with a letter setting out the circumstances so that they are aware of whats going on. I have a mortgage with them and they were very reasonable to deal with on the phone when I had things I wanted to discuss with them.

Good luck with it, hope you get more than a few months to stay there, since properties are not selling well yet its very possible that they would rather have your money than a debt that they know is unlikely to be paid by the landlord especially if its just the rent that they are receiving.