Tenants rights following repossession order of rented property

by Readers Question

14:49 PM, 1st September 2014
About 4 years ago

Tenants rights following repossession order of rented property

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Tenants rights following repossession order of rented property

Urgent advice needed please. We are tenants of a property that has been served with a repossession order by the court, because our landlord hasn’t been paying his mortgage. Our rent is paid up until the 13th of this month and the possession is ordered to take place on 1st October. We have been excellent tenants for 20 months, paying on time and improving the property at our own expense. Tenants rights following repossession order of rented property

We have doubts that our landlord has protected our £1,500 deposit and are aware that he has a number of charges on the property. We therefore think it unlikely that we would be successful in recovering our deposit via the courts.

Therefore, for us to recoup some of the value of our deposit, would we be in our rights to stay in the property up until the repossession without paying rent and also to remove items to help recover some of our deposit money back.

Many thanks for any help or advice.



Comments

Mark Alexander

14:52 PM, 1st September 2014
About 4 years ago

No you wouldn't be within your rights to do this and your landlord will be in a position to sue you if you do.

HOWEVER, based on what you have said it would appear that your counter claim would be much greater that the claim the landlord has against you.

I cannot advise you to break the law as two wrongs does not make a right.
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Lindabella Holland

15:02 PM, 1st September 2014
About 4 years ago

Reply to the comment left by "Mark Alexander" at "01/09/2014 - 14:52":

Thank you Mark, do you have any ideas on how we can recuperate our deposit?

Mark Alexander

15:14 PM, 1st September 2014
About 4 years ago

Reply to the comment left by "Lindabella Holland" at "01/09/2014 - 15:02":

Sadly you can't get blood out of a stone.

Many landlords are also left in a similar predicament when tenants fall into arrears or trash their properties.

The best that can be done is to sue and then appoint High Court Bailiffs to collect the debt. If your landlord has assets or other earnings at any time in the next six years the prognosis for part or full recovery is good but if not it's just a case of putting it down to being one of life's bitter experiences.

Claiming is nowhere near as daunting or expensive as people think and legal representation may not even be required.

I wish you well.

See >>> http://thesheriffsoffice.com/high-court-enforcement
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Rob Crawford

21:03 PM, 1st September 2014
About 4 years ago

I would be interested to know if your AST has reference to Grounds 1 and 2 as set out in Part II of Schedule 2 to the Housing Act 1998 (as amended by the Housing Act 1996). If these mandatory grounds are not included you could take the landlord to court for unlawful eviction. You seem to be pre-empting the failure of the landlord to return your deposit, I am not sure this is fair. The repossession/eviction will be taken out of the hands of the landlord by the mortgage provider who will have a very well rehearsed process and legal team in place to ensure the eviction happens. I would strongly suggest you make arrangements to leave on 1st October or face the consequences of having all your possessions removed with you to the pavement. If I were you I would seek legal (Citizens Advice) advice asap to establish your position in all respects. You are in an unfortunate position which for good rent paying tenants is a great shame. Good luck.


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