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Repossession Notice

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As per title, I have just received notice of repossession from my landlord's bank.

Does anyone have experience of dealing with banks/solicitors in this kind of situation? How long can I string out the process for? Is it worth coming to an arrangement with the bank? I like the flat and where I live. If it was at the right price i would even consider buying it myself. Interested to know if others have done similar.

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When (many years ago) a friend of mine found out his landlord was being repossessed, the letting agent(!) (unofficially) advised him that he should immediately stop paying rent. His tenancy wasn't worth the paper it was written on, because the mortgage terms didn't permit the landlord to let the property without their written permission, and he was legally speaking now a squatter in the bank's property.

Apart from that, if you like the place then by all means see if anyone at the bank will negotiate with you. But I suspect that their legal obligations to get the best price for your ex-landlord might preclude them keeping you on as tenant if you don't want to buy.

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As per title, I have just received notice of repossession from my landlord's bank.

Does anyone have experience of dealing with banks/solicitors in this kind of situation? How long can I string out the process for? Is it worth coming to an arrangement with the bank? I like the flat and where I live. If it was at the right price i would even consider buying it myself. Interested to know if others have done similar.

Moneysavingexpert forums are where you need to be for advice on this one.

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As per title, I have just received notice of repossession from my landlord's bank.

Does anyone have experience of dealing with banks/solicitors in this kind of situation? How long can I string out the process for? Is it worth coming to an arrangement with the bank? I like the flat and where I live. If it was at the right price i would even consider buying it myself. Interested to know if others have done similar.

Think the mortgage will take precedence over the AST which is created later. Assuming this is a BTL, the unit will normally be put into administration (and so business as usual for you, but bank takes the rent) and the banks are in no rush to sell (in fact, are managing lots of them, e.g. deals between LBG and Grainger).

If you want to buy it, then ring up the bank and make an offer..

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As per title, I have just received notice of repossession from my landlord's bank.

Does anyone have experience of dealing with banks/solicitors in this kind of situation? How long can I string out the process for? Is it worth coming to an arrangement with the bank? I like the flat and where I live. If it was at the right price i would even consider buying it myself. Interested to know if others have done similar.

you need to go to your council, they can arranged for you to pay rent to the bank, remember if you want a council home you need to stay and get a court order to leave.

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When (many years ago) a friend of mine found out his landlord was being repossessed, the letting agent(!) (unofficially) advised him that he should immediately stop paying rent. His tenancy wasn't worth the paper it was written on, because the mortgage terms didn't permit the landlord to let the property without their written permission, and he was legally speaking now a squatter in the bank's property.

Apart from that, if you like the place then by all means see if anyone at the bank will negotiate with you. But I suspect that their legal obligations to get the best price for your ex-landlord might preclude them keeping you on as tenant if you don't want to buy.

I think this should be helpful to you:

http://england.shelter.org.uk/get_advice/repossession/repossession_by_a_landlords_lender

The crucial thing to find out is if the landlord had the permission of the bank to let the property, If yes then your contract still stands, they'll have to give you the same notice your landlord would. If not then due to recent changes you can still apply to delay repossoin for up to two months to find a new place.

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As per title, I have just received notice of repossession from my landlord's bank.

Does anyone have experience of dealing with banks/solicitors in this kind of situation? How long can I string out the process for? Is it worth coming to an arrangement with the bank? I like the flat and where I live. If it was at the right price i would even consider buying it myself. Interested to know if others have done similar.

When you say notice of repossession, do you mean a letter saying that they're going to start legal proceedings to posses the property or an actual court order showing that they've already been given possession?

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As per title, I have just received notice of repossession from my landlord's bank.

Does anyone have experience of dealing with banks/solicitors in this kind of situation? How long can I string out the process for? Is it worth coming to an arrangement with the bank? I like the flat and where I live. If it was at the right price i would even consider buying it myself. Interested to know if others have done similar.

Sorry to hear this...I bet the landlord is too...tough titty to him I say, but his pension is no longer viable.

Id speak to the Bank, the council housing department and CAB in that order if you can.

1st, to sound out the position of the bank, 2nd to get good honest and free advice about the housing list etc etc, and 3rd to cover the legals, specially things like your deposit and inventory.

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I think this should be helpful to you:

http://england.shelt...andlords_lender

The crucial thing to find out is if the landlord had the permission of the bank to let the property, If yes then your contract still stands, they'll have to give you the same notice your landlord would. If not then due to recent changes you can still apply to delay repossoin for up to two months to find a new place.

Sums it up.

The law where tenancy is not authorised:

http://www.legislation.gov.uk/ukpga/2010/19/contents

http://nearlylegal.co.uk/blog/2010/09/tenants-of-defaulting-mortgagees-ii/

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I think this should be helpful to you:

http://england.shelter.org.uk/get_advice/repossession/repossession_by_a_landlords_lender

The crucial thing to find out is if the landlord had the permission of the bank to let the property, If yes then your contract still stands, they'll have to give you the same notice your landlord would. If not then due to recent changes you can still apply to delay repossoin for up to two months to find a new place.

One would imagine if the Bank has written to the tenant, then the Bank knew the mortgagee was letting the property, unless the tenant opened a letter addressed to the Landlord :ph34r:

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One would imagine if the Bank has written to the tenant, then the Bank knew the mortgagee was letting the property, unless the tenant opened a letter addressed to the Landlord :ph34r:

They usually send it to "The Occupier" I think.

Put some shelves up then claim a share of the equity, then after 6 months of litigation - try registering it as a place of worship.....

Didn't someone do something ^ like that once and stayed for over a year in the property for free or am I imagining it.

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When (many years ago) a friend of mine found out his landlord was being repossessed, the letting agent(!) (unofficially) advised him that he should immediately stop paying rent. His tenancy wasn't worth the paper it was written on, because the mortgage terms didn't permit the landlord to let the property without their written permission, and he was legally speaking now a squatter in the bank's property.

Apart from that, if you like the place then by all means see if anyone at the bank will negotiate with you. But I suspect that their legal obligations to get the best price for your ex-landlord might preclude them keeping you on as tenant if you don't want to buy.

If it`s a btl mortgage the restrictions are not the same ( more akin to comecial) the bank can go straight to auction

A mate just bought a place from the bank in a similar situation ,from the day they changed the locks it was only three weeks and he bought it prio to the auction

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1330185409[/url]' post='3270631']

One would imagine if the Bank has written to the tenant, then the Bank knew the mortgagee was letting the property, unless the tenant opened a letter addressed to the Landlord :ph34r:

I would take it that since I was living at the address the letter was sent to, the sender had got the name of the addressee wrong and that the letter was intended for me, since I was living at that address.

If mortgagors send correspondence addressed "Private and Confidential" then that's an entirely different matter....... but I don't think it's in their interest in this context, is it? dry.gif

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I would take it that since I was living at the address the letter was sent to, the sender had got the name of the addressee wrong and that the letter was intended for me, since I was living at that address.

If mortgagors send correspondence addressed "Private and Confidential" then that's an entirely different matter....... but I don't think it's in their interest in this context, is it? dry.gif

My intial point was that maybe the lending bank knew the landlord had rented the property, having said that, if a letter is addressed to the Landlord, even if it lands on the tenants doormat, whether headed private and confidential or not, it's an offence to open it unless it's by the named person on the front ;)

[i]Interfering with mail - Postal Services Act 2000 Section 84Triable Summarily (Magistrates court)

6 Months and or a fine (Max)

A person commits an offence if they without reasonable excuse intentionally delay or open a postal packet in the course of transmission by post or intentionally opens a mail bag.

A person commits an offence if, intending to act to a person's detriment and without reasonable excuse, opens a postal packet which they know or suspect to have been delivered incorrectly.

If you work for the Post service you could commit other offences under Section 83 triable either way (Magistrates or Crown court) and get a sentence of 2 years and or a fine.[/i]

No doubt it'd would be difficult to prove in many cases, but it's illegal all the same.

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Sorry to hear this...I bet the landlord is too...tough titty to him I say, but his pension is no longer viable.

Id speak to the Bank, the council housing department and CAB in that order if you can.

1st, to sound out the position of the bank, 2nd to get good honest and free advice about the housing list etc etc, and 3rd to cover the legals, specially things like your deposit and inventory.

Thanks BL. Will do the above in that order first thing monday.

Thanks to others. The letter was addressed to the occupier so the bank knows i am a tenant. Useful to know that i may have 2 months.

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I think this should be helpful to you:

http://england.shelter.org.uk/get_advice/repossession/repossession_by_a_landlords_lender

The crucial thing to find out is if the landlord had the permission of the bank to let the property, If yes then your contract still stands, they'll have to give you the same notice your landlord would. If not then due to recent changes you can still apply to delay repossoin for up to two months to find a new place.

thanks this is v helpful

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1330201332[/url]' post='3270804']

My intial point was that maybe the lending bank knew the landlord had rented the property, having said that, if a letter is addressed to the Landlord, even if it lands on the tenants doormat, whether headed private and confidential or not, it's an offence to open it unless it's by the named person on the front ;)

[i]Interfering with mail - Postal Services Act 2000 Section 84Triable Summarily (Magistrates court)

6 Months and or a fine (Max)

A person commits an offence if they without reasonable excuse intentionally delay or open a postal packet in the course of transmission by post or intentionally opens a mail bag.

A person commits an offence if, intending to act to a person's detriment and without reasonable excuse, opens a postal packet which they know or suspect to have been delivered incorrectly.

If you work for the Post service you could commit other offences under Section 83 triable either way (Magistrates or Crown court) and get a sentence of 2 years and or a fine.[/i]

No doubt it'd would be difficult to prove in many cases, but it's illegal all the same.

Point taken, you are correct. But like you say, difficult to prove. ;)

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Point taken, you are correct. But like you say, difficult to prove. ;)

Impossible to prove I would say. The word Intentionally is the give away.

"Oh no I accidentally opened someone elses post that arrived through my door"

The law is clear in that intercepting mail is illegal. Or opening post at some other persons house.

Dead simple to say they are intentional.

Post through your door would be impossible to prove at it would have to be proved that it was premeditated in opening another persons mail and even then . Many times I've opened post where the address was obscured for one reason or another. Other times I don't read the envelope just rip it open to see the letter. In that case it is reasonable and therefore not illegal since it was delivered to my house anyway.

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1330265712[/url]' post='3271204']

Impossible to prove I would say. The word Intentionally is the give away.

"Oh no I accidentally opened someone elses post that arrived through my door"

The law is clear in that intercepting mail is illegal. Or opening post at some other persons house.

Dead simple to say they are intentional.

Post through your door would be impossible to prove at it would have to be proved that it was premeditated in opening another persons mail and even then . Many times I've opened post where the address was obscured for one reason or another. Other times I don't read the envelope just rip it open to see the letter. In that case it is reasonable and therefore not illegal since it was delivered to my house anyway.

I almost included this in the above post, to make this very point.

My newish upstairs neighbour opened my Northern Rock ISA statement last year, on the basis that he also had a Northern Rock account and assumed it was his. Different name, different address.

A genuine mistake and they were very apologetic, and lets face it, they didn't even have to admit it since they could have just chucked it in the bin. But shows how easy it can happen.

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They usually send it to "The Occupier" I think.

Put some shelves up then claim a share of the equity, then after 6 months of litigation - try registering it as a place of worship.....

Didn't someone do something ^ like that once and stayed for over a year in the property for free or am I imagining it.

You only get to stay for free if no-one enforces the rent. You legally owe the money and would lose in court if it ever got that far.

The reason that you stop paying rent now is because the status of your deposit is in limbo and you need some leverage for that.

tim

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Thanks BL. Will do the above in that order first thing monday.

Thanks to others. The letter was addressed to the occupier so the bank knows i am a tenant. Useful to know that i may have 2 months.

just receiving a letter to the occupier does not mean that the bank is aware there is a tenant. This standard policy just in case, maybe even a legal requirement. I do believe that there are new laws which give tenants more time to post things out, but if you want to buy the place, its worth asking the question of the bank, they can only pay no. Get proper advice from shelter or cab about continuing to pay rent and deposit.

Not saying rent may leave you open to claims from landlord, but in his financial position i doubt he would be able to even he he was allowed. Deposit should be with a deposit scheme, so shouldn't be a problem. He letting agency suggesting not to pay, then they are at least on your side, no worries about references. One repent time the letting agency was so pee'd off with the landlord that they have him less than a days notice from receiving checkout report to authorizing return of deposit!

Good luck with it all

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just receiving a letter to the occupier does not mean that the bank is aware there is a tenant. This standard policy just in case, maybe even a legal requirement. I do believe that there are new laws which give tenants more time to post things out, but if you want to buy the place, its worth asking the question of the bank, they can only pay no. Get proper advice from shelter or cab about continuing to pay rent and deposit.

Not saying rent may leave you open to claims from landlord, but in his financial position i doubt he would be able to even he he was allowed. Deposit should be with a deposit scheme, so shouldn't be a problem. He letting agency suggesting not to pay, then they are at least on your side, no worries about references. One repent time the letting agency was so pee'd off with the landlord that they have him less than a days notice from receiving checkout report to authorizing return of deposit!

Good luck with it all

AIUI. If the deposit is with an insurance scheme that insurance will cease as soom as the property is reposessed with the LL expected to give the deposit back to the tenant, to give to the bank, to get it re-protected.

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