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Landlord Behind On Mortgage

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After a couple of years on this beloved site, the credit crunch has finally caught up with me. The landlord is behind on the mortgage and I know our flat is under threat of repossession. We have had the first solicitor’s letter addressed to ‘the occupiers’ investigating our tenancy. I’m guessing they want to establish how tricky it will be to get vacant possession.

Landlord wants to sell but I’m doubtful he will get out in time.

I like the flat and don’t want to move.

Some questions:

1. Is it possible to come to an arrangement with the landlord’s bank and pay our rent direct to the bank? Does anyone have any experience of this?

2. Otherwise I’m prepared to employ any tactics to delay repossession (realising that ultimately it is inevitable). What tactics should I adopt?

3. How long realistically do I have from the point at which the bank instructs their solicitors to bailiffs arriving at the door?

Thanks in advance for any help

CP

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I like the flat and don’t want to move.

Get over it, find another flat just like it and move. Despite what some of the resident barrack room lawyers say you have very limited rights where you are and it'll be a world of pain for you to enforce even them.

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Get over it, find another flat just like it and move. Despite what some of the resident barrack room lawyers say you have very limited rights where you are and it'll be a world of pain for you to enforce even them.

Erm, or you could phone the bank and have a chat with them first.

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Get over it, find another flat just like it and move. Despite what some of the resident barrack room lawyers say you have very limited rights where you are and it'll be a world of pain for you to enforce even them.

I agree. Just move.

About all you could achieve is getting joined in proceedings if/when it goes to the County Court so you are better informed and the bailiff knows. You'll still get chucked out though.

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After a couple of years on this beloved site, the credit crunch has finally caught up with me. The landlord is behind on the mortgage and I know our flat is under threat of repossession. We have had the first solicitor’s letter addressed to ‘the occupiers’ investigating our tenancy. I’m guessing they want to establish how tricky it will be to get vacant possession.

Landlord wants to sell but I’m doubtful he will get out in time.

I like the flat and don’t want to move.

Some questions:

1. Is it possible to come to an arrangement with the landlord’s bank and pay our rent direct to the bank? Does anyone have any experience of this?

2. Otherwise I’m prepared to employ any tactics to delay repossession (realising that ultimately it is inevitable). What tactics should I adopt?

3. How long realistically do I have from the point at which the bank instructs their solicitors to bailiffs arriving at the door?

Thanks in advance for any help

CP

Stop paying your rent immediately and don't reply to any correspondance from the landlords, solicitors, banks etc.

By the time you are forced out you'll have got your deposit back and a few months free rent as well.

The alternative is keep paying your rent and lose your deposit.

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Get your deposit back quick

...and I'd stop paying rent, to make sure of it.

It seems it's going to cause you quite a lot of hassle either way, so you might as well try and get a couple of months free accommodation out of it first.

Oh, and I'd talk to the bank directly, too. I wouldn't involve the landlord.

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as a solicitor, I could not condone doing something that's in breach of contract, but I would comment that to do so would be the best way to ensure you don't lose your deposit and don't financially lose out.

i.e. to

Stop paying rent now

start looking for somewhere else to live now

stay until at least your deposit is used up

your only issue is getting your references - but that's not usually difficult to 'write' :)

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as a solicitor, I could not condone doing something that's in breach of contract, but I would comment that to do so would be the best way to ensure you don't lose your deposit and don't financially lose out.

i.e. to

Stop paying rent now

start looking for somewhere else to live now

stay until at least your deposit is used up

your only issue is getting your references - but that's not usually difficult to 'write' :)

Thanks for responses so far. It sounds like I don't have too many options...

Rachman - in your opinion how long does it normally take for a bank to take possession?

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Thanks for responses so far. It sounds like I don't have too many options...

Rachman - in your opinion how long does it normally take for a bank to take possession?

this is not what I do, so it's not legal advice, and get your own, but

typically from first default, about 6-9 months.

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Stop paying your rent immediately and don't reply to any correspondance from the landlords, solicitors, banks etc.

By the time you are forced out you'll have got your deposit back and a few months free rent as well.

The alternative is keep paying your rent and lose your deposit.

This also makes sense to me .. my only concern is what they could do to your credit record ..

I have often thought that in this sort of situation ignorance is bliss .. and letters are the way to go ..

THIS IS NOT ADVICE BUT IDEAS .. I have NO idea what would happen if you followed this line ...

As you have a had a letter from the bank. Open a savings account with the bank send a letter ..

To the landlord ...

"We do not believe that our deposit is safe because we have had letters from the bank."

Be VERY resonable ..

"We will pay all the rent and the interest paid by this savings account if the bank sends us a letter confirming that they have no intention of repoing the property"

Copy of a statement with the saving account with the rent in it ..

Send recorded delivery with a witness ..

To the bank ...

Copy of the letter sent to landlord ...

then something like ..

Because the property is in danger of being repoed the bank should be aware that we (tenants) have stopped paying the rent to the landlord and that the rent is now being paid into this XXXX account in the bank (copy of statement) and that unless we are informed otherwise we should assume we are tenants of the bank. Could the bank contact us without delay on this matter, but in writing as the situation is becoming complicated and we would like a record of everything ..

Send recorded delivery to the bank .. but best to send to the wrong place .. .. Ie:- to Barclays capital rather than to Barclays .. etc etc ..

Do not speak to anyone either on the phone or in person .. make it 100% letters and keep them all.

At some point they will have to get you to move out I would suggest you are covered all ways ..

If they are slow and crap (this is a bank we are talking about) you will fall under the radar for a while and you get the place for a few months for free.

If they are quick and send bailiffs or take you to court .. then you take the letters you wrote to show your good faith .. I would think that if the judge was even 1% human you would get at least a month before you get thrown out ..

HOWEVER THIS IS SPECULATION ! Go to the CAB ..

However I would hold on and hope someone buggers something up :)

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Don't take legal advice from idiots on the Internet, but I've been through this twice and it's better to move - you don't want this hassle :o .

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Be VERY resonable ..

"We will pay all the rent and the interest paid by this savings account if the bank sends us a letter confirming that they have no intention of repoing the property"

I'll stop you at one. They won't give you that and anyone who advised the bank to send such a letter, or anything that amounts to it, needs their practising certificate taking off them.

It's a waste of time - there is no contractual nexus between you and the bank. The privity is purely between the landlord and his lender, you are subordinate and the property is worth more to the bank empty than with a tenant. So you go. Simple as that.

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I'll stop you at one. They won't give you that and anyone who advised the bank to send such a letter, or anything that amounts to it, needs their practising certificate taking off them.

It's a waste of time - there is no contractual nexus between you and the bank. The privity is purely between the landlord and his lender, you are subordinate and the property is worth more to the bank empty than with a tenant. So you go. Simple as that.

Without question! But would such a letter (as that sent to the landlord) make it very hard for HIM/HER to get an eviction notice for non payment of rent ? I can't imagine the bank would ever send such a letter either .. but the fact that the tenant has expressed concern BECAUSE OF THE LETTER from the bank .. in their Non leagal minds it's resonable to expect that the bank would send another letter saying "It's OK" ..

My point is that there is nothing you can do because legally you are screwed .. but if you have acted in good faith you should get a sympathetic hearing when they try to evict you ..

The MAIN plan is to stay in the house for as long as possible for nothing ..

I have no idea what view the law has on this .. but if you go to an eviction hearing .. bearing all the paperwork to show you have been very reasonable with the landlord/bank and they can't evict you from the property for non payment of rent because you were paying the rent all the time .. and for that reason they can't evict you, and the bank does not get an eviction order .. then you take all the money out of the savings account .. refuse to talk to the bank and wait till they get another eviction order then don't contest it and leave ..

Maximum confusion all round is the answer ..

It doesn't matter if you are legally right or wrong .. if you can tie the process up for long enough you come out on the upside ..

I was given a parking ticket .. after a year they gave £100 to go away ..

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Absolutely nothing

Wrong. if you break a rental contract and the landlord can show loss as a result then they can very well take you to court, should they win this will result in a county court judgement against your name.... in other words witholding rent can damage your credit record..... as someone else said, take with a good pinch of salt advice you get on the interent, some of it could get you into a heap of trouble.

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Buy the place off of your landlord if you like it that much, or just give your notice and find somewhere else.

Either way, don't expect to get sound legal advice from an internet forum where posters aren't accountable for any misinformation that they might give.

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I like the flat and don’t want to move.

Then have you considered making an offer to buy it, either to the Landlord or to the bank?

Quite apart from your own needs (moving is always a risk as well as a hassle), it saves them a lot of time and money compared to marketing it, so they - particularly the bank - could be open to your driving a hard bargain. Maybe a win-win, compared to any alternative from where you are.

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the 'right thing to do' is to make sure you're not out of pocket but not making on the deal.

For me, the least hassle, again, not that I could condone it, is to ignore everyone, stop paying rent, ignore the chasers and just get out when your money's up.

So, your landlord could sue you for lost rent. He won't. He could seek repossession, he (probably) won't.

Don't try to be up on the deal, just try not to be down - seems to be fairest. Your battle (if you have one) is with the landlord and the bank won't want you on either side, they just see you are collateral damage.

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