private house tenant repossesion

[hedgerow pete]

it does not work that way, when you are a tenemt in a buy to let property you get two months notice the day after the court case that the lender does to obtain his property back from my landlord and thats it, but i have wasted one of those months, because when we got the court legal letters we asked the landlord whats going on and got told to not worry its all sorted out, so stupidly we belived her.

it was only when last week we were dealing with the cab about it and they did the obvious of asking the lenders solicitors of whats happening that we found out the truth.

so actions wise we are, trying to locate the owners of two properties to ours which are empty but normally rented out,

dealing with four letting agents trying find a landlord that will deal with us ( not a chance )

the council, but realy a waste of time and effort unless i learn another langue and put a towel on my head and shoot the dogs.

looking at buying a caravan and or very large frame tent and have found three certified campsites that will take us for four months whilst we sort our selves out,

found a local shipping container rental place, 20 foot container £20 a week, its exspensive but cheaper than an inside storage place for the belongings,

mum has preper the spare bed room and the sons girlfriends mum has been warned about his nibs turning up with a suitcase too.

even the whippets have packed there toys away !!!!!!!!!!!!!!!!!!!!!!!!!!!

the four largest local shops have been asked to drop off there LORRY load of empty card board boxs for use to wrap every thing up in and over the weekend its pack away time.

you cant really do any more and i ant going to muck about with small claims untill i am sorted else where first.

so do you think i have missed some thing ?

 

[drstitson]

Unless letting agency had written authority from HRP to transfer deposit to landlord i'd've thought they should have returned it to him at end of original tenancy. maybe worth chasing them for it.

 

[Nose Ma]

Pete

The Dudley Citizens Advice crowd may be able to help - www.citizens advice.org.uk/bureau_detail.htm?serialnumber=101274 (or one closer to you if you are Sandwell). (take out the space)

As Martin suggested above, deposits should be protected in a scheme, not just held by the landlord. See www.direct.gov.uk/en/homeand community/privaterenting/tenancies/dg_189120 (again remove the space).

Recovery seems like a waste of time, trying to sue someone who is nearly bankrupt is an exercise in futility. Call CAB - they must have seen this before.

I'd also make sure your credit rating does not get dragged into this mess, baliffs at the property may end up with you being tagged in error - again the CAB should be able to help.

Good luck.

 

[Russel]

Hi Pete,

Sorry to hear your troubles, not sure if this is of any use?
"The vast majority of people who rent from private landlords will have an assured shorthold tenancy (AST), as this has been statutory since 28 February 1997.

Your tenancy will either be fixed-term, which is usually from six months to one-year, or it might be a periodic tenancy that rolls on a week-to-week or month-to-month basis.

If you are within your fixed-term AST when the property you rent is repossessed then the lender must honour that agreement. So, if a bank, building society or other type of lender takes possession of the property, then they have to continue to act as your landlord and appoint a receiver of rent.

As long as your fixed-term AST lasts you cannot be evicted from the property. However, once this expires, you right to stay in your home comes into doubt."

Further info here

Russ

 

[hedgerow pete]

great advice if it were true,

i stated with a AST on day one with the letting agency, that is and was the only agrement we have had in seven years, as it still stands it rolls over every time someone asks about it, so as mine was for six months in therory it should just end to end every six months , but what you get told is yes it does stand blah blah blah but since i dont have one dated this year or last , i get the reverted back ,standard 2 months notice, which started on the 3 of may.

what we are dealing with is legal semantics, which of course are a complete flaff and waste of time when you are depending on them !

better to run away and regroup in a new house/caravan/tent/??

and as for the small claim for the sake of £50 i will proberly do it and then see what happens afterwards, but for now £50 could be the difference between a deposit or not.

the deposit has gone from the letting agency used at the beginings and was never paid into the slush fund it was supposed to go into, legaly we dont have any grounds to touch the letting agency as they did every thing that was asked of them by there client my landlord. we will find out later on what is and is not true and fair and then maybe they can get a small claims too. but before i start to fire off small claims i need to organise who did what and when and whos at fault/blame

 

[hedgerow pete]

just bean reading up on the government deposit scheme, complete waste of time as my house renting started in 2005 and the scheme started in 2007 so no luck there, small claims it is then

 

[MartinL]

................
the main problem is in the next 20 days we have two bank holidays two weekends and 13 working days combined to organise shifting everyone so its no time to waste working out the small claims, it also allows the landlord time to refinance her self ready for me to claim off her.

belive me i ant forgoten a grand, i just need to concentrate first on shifting then dealing with the cause.

The time you've spent moaning about it on here you could have done the claim on line by now!

Just do it!

 

[stoneleighhouse]

just sent Pm

 

[hedgerow pete]

The time you've spent moaning about it on here you could have done the claim on line by now!

Just do it!

very true except for several other reasons that are stopping me, it will happen in time, my own time.

the thread was started to find out if any of you lot knew ways and means i did not or had been in this situation to sort out what to do,

but hay thats all sorted now its moving time and every day we pop up to the local high street collecting banana boxs and the like to then come home and wrap up another pile,

shipping containers are the next point of call, had not realise untill today how expensive storage is for your belongings

 

[Black Comb]

Where are you moving to?

 

[Ziggymole]

Storage

Hi Pete,

So sorry to see you in a tight spot - with regards storage for your belongings, try your local council and see if they have any. I know Cardiff do (in containers) as I helped a family pack up when they were evicted from private rented housing. In the short term it was much cheaper than the storage companies.

Best of luck
Jan

 

[newportbuzz]

hi pete
hope it all pans out in the end. i am sure you arnt the first one to fall into this situation.
An interesting point is you mention of 2 months notice from reposession. the house is still in the land lords possesion now surly the 2 month timer starts when repossesion happens not 2 months before. this would mean that rather than having a 2 week scamble you could have a 10 week amble.

best of luck

 

[hedgerow pete]

Where are you moving to?

several options here,

cheapest and easist is across the road to a dump but reasonable house,

next is to try and find some where reasonble local to the allotment as a centre point

we could just rent any where in the uk,

south warks, close to mummies, cabridge and the first grand child, stay in brum for work and the newly expected garndson,

clear off to wlaes and to hell with everyone ( also the lorry winning option, but envolves a farm not a house)

a caravan for the summer and autum on a cert site, collect and earn some deposit money and rerent else where.

cant afford a caravan in the high season so will go for the tent option for now and buy a caravan in the autum when the prices come down or i have money to buy one

canal boat anyone ?

lots of options all but one envolve putting the house into storage, which we are starting to pack and box up , ready for next wekends clear out to storage.

 

[Tom Bick]

canal boat anyone

Not without its problems but if you can do it its a great way to go.

 

[hedgerow pete]

the thing is with me is that water is my misstress, always has been and always will be, salt or fresh ontop or under it she is with out doubt the one that is truely under my skin, even the wife does not go that far.

the other thing my grandparents on my mums side are water people, canal boat people, several generations of them go back on the canal boats. so again canal boats have always had an intrest, the downsides to that are of course the main reasons why i have never done any thing about it, several times we have looked at bare shells and part completes, i have even had a report done on a wooden hull, i know where there are two butties that can get converted (dont know who the owners are) and of course the hire or rent a long work shop and weld one up your self , all you have to do is buy the stern and bow 10 foot sections the rest is flat plate and seam welds.

the other thing is with a canal boat comes no land and i am more attacthed to my land/allotment/smallholding/lottery farm than the water.

 

[Tom Bick]

Well the allotment is no problem you just need an address to register it from as for the rest as with a house we need the lottery to sort that one.

You dont have a garden on a boat?????? well not if you dont count 3000 miles of towpath. One side full of bird's, occasional deer, Owls, Bats that are just amazing to watch ect and on the other Swans tapping on the side of the boat demanding food and at this time of year showing off their signets, crazy Ducks constantly talking amongst themselves, Shy Moorhens, Argumentative Coots always arguing with their neighbors but excellent parents, Kingfishers and the best one for me Little Grebe especially in the winter.

I can mention more and I get all this within half hour drive from central London.

 

[Ziggymole]

clear off to wlaes and to hell with everyone ( also the lorry winning option, but envolves a farm not a house)

Come to Wales Pete, great place - if you do and you're anywhere near Cardiff I can point you in the direction of good work (not on the buildings but not basic wage either).

I came here in 1984 under similar circumstances and haven't looked back.

Good luck to you.
Jan

 

[hedgerow pete]

wales to me is mid wales, for get the north west it has snowy and the park and full of plonkers durring the summer

barmouth is leagaly a suburb of birmingham, and shell island is a postcode address for liverpool.

ten mile south of builth, near to the firing range, sat in 10,000 acreas of trees and fredom, best five years ever, just a shame theres no work there and i got fed up of driving for two hours on monday morning to work and then getting stuck behind the world greatest plonker of a driver on the friday afternoon home and it takes four hours to get home.

I also miss squadies hidding in the outside barn roof when they are doing the escape and survivial training, a the world rally teams practising 400 yards away from the house.

but most of all i miss the peace and quiet, shame its still dial up internet, no delivery service for any shop or pizza place, if your lucky you only loose electricity for a week, we lost the telephone for eight weeks once and stil bt wanted to charge us line rental, and as for being snowed in and the road being blocked off, its a long walk when the roads shut down

i dont know where we will end up , but apart from it being not here on the 21st we dont know, deffinatly a temp move for now , sort out later on

 

[Ziggymole]

Much of what you said still applies to the valleys, which aren't so far from mid Wales. We regularly get snowed in, the ***fa in our address stands for f* all water, electricity, drainage, and fast broadband but it also stands for f* all, yoiks, noise, pollution, traffic oh and sun! but it has the most amazing variety of housing stock, good people and community.
I dream about a rural idyll, like the one you describe but have the best of both worlds here, Cardiff on the doorstep for work, only 3 neighbours, mountains behind and fields in front, and the modern world just at the bottom of the valley when I want it.

Good luck wherever you end up and I hope you're as happy as I am.

 

[hedgerow pete]

i have been to the vallies a few times but where i was its more easier to get around when it snows, the problem with the vallys is you get some serious dring conditions down them.

some thing will happen, i just dont have a clue what