Landlord has defaulted on mortgage, we are being evicted.

by Readers Question

10:35 AM, 27th July 2015
About 4 years ago

Landlord has defaulted on mortgage, we are being evicted.

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Landlord has defaulted on mortgage, we are being evicted.

We have a shorthold tenancy agreement in place but 5 months in we have been served with an eviction notice from the landlord’s bank. We have followed the relevant procedure to delay the process by making an application to court and filling in the N244 form etc.

What annoys me is the landlady knew about this before allowing us to sign the tenancy agreement (she admits this in her email to me) and failed to give us a notice of possession. The first I heard of the repossession was when a bailiff knocked the door giving us notice to leave.

We’ve accepted we have to leave but I’d like to know who we should be paying rent to now as there has obviously been a breach of contract on the landlady’s part. Should we still give it to the letting agents or do we withhold it? When does the tenancy end in cases like this?

Any advice would be great

Yours, stressed out,

Gail

PS – we are interested in taking legal action against the landlady as we believe her to still have assets and for it to be worthwhile. The only problem is she lives abroad. Does this make her immune to any legal proceedings here in the UK? How do I go about making a case?



Comments

Michael Barnes

8:25 AM, 30th July 2015
About 4 years ago

Reply to the comment left by "Ros ." at "27/07/2015 - 13:04":

If all rent has been paid and the landlady defaults on mortgage payments, then the landlady has acted irresponsibly, either by taking the money for personal use or by failing to have done her sums to ensure that the business was viable.

I think that landlords sometimes forget that tenant face significnt costs/cash flow issues when they have to move, including referncing fees, removal costs, and finding a substantial deposit whilst they wait for the return of the deposit for their current home.

Having written this, I can see where labour are coming from with their proposal for longer security of tenure for tenants.

Lewis Hardwick

10:15 AM, 30th July 2015
About 4 years ago

Reply to the comment left by "Ros ." at "27/07/2015 - 13:04":

Ros,

If a Landlord is unable to manage their finances properly, it is reasonable to expect them to manage their 'portfolio' in a manner to either shift the debt, or resolve it another way. Taking on tenants whilst knowing about potential action is irresponsible and I would also be planning on taking legal action.

You seem to forget about the costs involved in moving. Add agency fees, referencing fees, check in fees and other costs (van hire etc) all costs that are not paid to the Landlord but still mus be paid up front, the tenant will NEVER see them back.

I would certainly hope the deposit is at least protected. If not, I'd be pursuing that too.

Greg Bowman

18:23 PM, 30th July 2015
About 4 years ago

Reply to the comment left by "Ros ." at "27/07/2015 - 13:04":

Are you serious ? a micky mouse landlord displays no morals in taking money when she knows she is going down and you defend her?

I think Mandy's comment nails it perfectly

ann gardner

18:48 PM, 4th August 2015
About 4 years ago

Bumping this as we've had more news.

We have just returned from court and the judge has granted us the two months we are entitled to.

The solicitor representing the landlady's bank spoke to the bank asking who we pay rent to. As expected the bank say they don't want our rent as then I assume they will be entering a tenancy agreement with us.

We are really confused as now our letting agents are saying we have to still pay our rent tot hem, even though the tenancy agreement has been breached and has, in effect, ended.They are also claiming their fees from us. Is it right that they should do this? We don't want to get into any trouble by not paying the right person rent but also we don't want to give money to someone who is not entitled to it.

I would be grateful for any help with this.

19:03 PM, 4th August 2015
About 4 years ago

Reply to the comment left by "ann gardner" at "04/08/2015 - 18:48":

Hi - look at my profile to contact me and Ill see what may be possible

Teg's Dad

13:40 PM, 12th August 2015
About 4 years ago

Reply to the comment left by "ann gardner" at "04/08/2015 - 18:48":

Ann, What fees are the agent trying to claim from you?

ann gardner

14:01 PM, 12th August 2015
About 4 years ago

Reply to the comment left by "Teg's Dad" at "12/08/2015 - 13:40":

Hi Teg's Dad,

They are claiming the fees usually taken from the rent before it is forwarded to the landlady. I guess the standard fees they get for managing the property.

Teg's Dad

14:49 PM, 12th August 2015
About 4 years ago

Tell them to go away. Those fees are between them and the landlord. There is no contract between the agent and you. I can guarantee they know this and are just trying it on.

The agent acts for the landlord. It seems that the house is now the property of the bank and if they have refused your rent then, just to be safe, put it to one side just in case. Again tell the agent that you are now tenants of the bank, not their client landlord. If they persist, then tell them you will make a formal complaint against them with whatever redress scheme they are with. They must, by law, be members of a redress scheme.

ann gardner

15:00 PM, 12th August 2015
About 4 years ago

Reply to the comment left by "Teg's Dad" at "12/08/2015 - 14:49":

Oh right, that's confusing. The bank has told us that we need to pay rent to them via the letting agents, so the letting agents are taking a cut and passing the rent to the bank.

The bank initially refused payment from us as this would mean that they are acknowledging our tenancy and contract with the landlady. As I understand it now, the bank taking our money means that the tenancy still stands.

Teg's Dad

15:15 PM, 12th August 2015
About 4 years ago

Ann, you initially said, "As expected the bank say they don’t want our rent", but now you say that they want you to pay rent to the agent. The money can be receipted as mesne profits which would not create a tenancy between you and the bank. My previous comment stands in that the agent claims any commission fees from the owner of the property not the tenants.

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