406dude

Hi All,

will be chsing this up with letting agent tomorrow, but thought I'd ask opinion on here as well.

Basically, my ex partner has just moved in to a new build property as a tenant. Agreement signed at a local letting agent who maintained at the time that they were simply setting up the agreement and not managing the property.

She has now had baliffs at the door chasing the owner for £3000 of mortgage arrears - my understanding of the situation is that she has no protection from eviction if repossession occurs - is this correct? Of course, as a new build I'm surprised that it would have £3000 of arrears already built up - I take it that the BS can only repossess homes on which the landlord is in arrears on, not just anything in his portfolio (he also owns next door but one).

She has been in touch with the landlord who sounds cagey at the very least (wouldn't confirm his identity - ******* greasy tw*t).

My feeling is that I want to go in to the agent tomorrow and tear him a new ars*hole - I believe that best case they have been negligent and should know this guy's situation - is that the case? I've always owned so don't know the ins and outs of renting.

Any help much appreciated.

Tim

Luminous

iTrader: (3)

There a few things here, and I don't know the answers to most

If the landlord has several properties all mortgaged with the one lender. Then that one lender can repossess any and all properties mortgaged with them, as needed, to recover the debt.

If the landlord's other properties are with other lenders then they cannot repossess those directly. But those other properties are still his assets, and after taking him to court I believe they can force him to sell those to cover debts.

Repossessing a property does make the tenant homeless, so there will be some safeguards in place for you there. Probably some sort of notice period. Seek advice from the Citizens Advice Bureau with regard to that. There should also be some advice on eviction on the internet to help you.

The agents will have little or nothing to do with things. Even if they fully manage the property it is likely they know fk all about the landloard's finances. Unless of course its all some sort of setup to get your deposit and run, but thats not that likely assuming you used a reasonably large agency.

Jay m A

iTrader: (2)

The agents have no idea whether the landlord is keeping up repayments, they are a customer of the Landlord and it sounds like he's used their services to find a tennant and thats it, which is all they are contracted to do. Sometimes as an after service the agents can hold the deposit as a 3rd party - this protects the tennant rather than the landlord.

Your ex is proteced by the short term tennancy agreement that she should have signed, so they can't chuck her out there and then - worst case is 4 weeks notice IIRC.

May I ask why you feel you need to sort out your ex's issues? are there kids involved?

406dude

yes there are kids involved, but even if not I'd still want to help - cos I'm not a ****

salsa-king

what type of contract has been signed?
is it a proper Ozez Tenancy agreement or one that a solicitor has properly drawn up?

406dude

I was with her when she signed, just looked like a standard tenancy agreement I think, drawn up by agent

AJF

iTrader: (1)

girlfriend does this for a job the bs can and will reposses

i know of one case where the tennat moved 5 days later the house was repossed he lost large depoist and frist months rent and had to get the owner of the house to allow him to remove his belonges

Adrian

pm me and i will get you more details if needed

Jay m A

iTrader: (2)

You haven't met my ex's

Good luck!

marky1

Weird because I have a place in London rented out. When I re-mortgaged it last year the tenant at the time had a 2 year option on the lease. I had to ask them to tear it up because the bank wasn't happy with such a long lease. I remember thinking at the time that it implied if I was to default, the bank would have to keep the tenant on until the end of the lease, hence their request to change the lease from two to one year.