[DC10]

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.

[porca misèria]

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.

[juvenal]

DC10, on 25 February 2012 - 12:39 PM, said:

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.

[easy2012]

DC10, on 25 February 2012 - 12:39 PM, said:

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..

[crash2006]

DC10, on 25 February 2012 - 12:39 PM, said:

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.

[gadget]

porca misèria, on 25 February 2012 - 01:03 PM, said:

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.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.

[TheBlueCat]

DC10, on 25 February 2012 - 12:39 PM, said:

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?

[Bloo Loo]

DC10, on 25 February 2012 - 12:39 PM, said:

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.

[okaycuckoo]

gadget, on 25 February 2012 - 01:46 PM, said:

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.legislati...010/19/contents

http://nearlylegal.c...-mortgagees-ii/

[Ungeared]

gadget, on 25 February 2012 - 01:46 PM, said:

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.

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

[DEATH]

Ungeared, on 25 February 2012 - 03:56 PM, said:

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

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.

[long time lurking]

porca misèria, on 25 February 2012 - 01:03 PM, said:

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

[bomberbrown]

Ungeared said:

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

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?

[Ungeared]

bomberbrown, on 25 February 2012 - 06:59 PM, said:

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?

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.

[DC10]

Bloo Loo, on 25 February 2012 - 03:01 PM, said:

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.