Landlord has defaulted on mortgage, we are being evicted.

by Readers Question

10:35 AM, 27th July 2015
About 5 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,


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?

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ann gardner

15:35 PM, 12th August 2015
About 5 years ago

Reply to the comment left by "Teg's Dad" at "12/08/2015 - 15:15":

Hi Teg's Dad

Thanks. Yes, that was what the bank initially told us about the rent but it has since changed. Thanks for your help, please would you be able to direct me to any legal information about fees in this instance?

Teg's Dad

16:24 PM, 12th August 2015
About 5 years ago

Not sure of the legal information could be found but there are two contracts involved.
First is between you and the legal owner of the property (now the bank) and I bet that makes no mention of you paying the agency fees since, legally, the agent is invisible as far as that tenancy goes.

The second contract is between the agent and your former landlord. That may make mention of who pays fees if the property ownership changes, but you cannot be asked to pay them.

Again, if the agent persists, make a formal complaint to their redress scheme. If you look at the agent's website, it should tell you which redress scheme they are with.

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