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Response to Repossession of private rented house

from David J. Button (davidjohnbutton@supanet.com)
I would suggest you contact BM immediately. It does not matter now whether or not they know about the fact that the property is let out - what is important is that you let them know you are living in the property and have a letting agreement with the mortgagor (i.e. your landlady). It is standard repossession procedure to send a letter to the house as well as to the known address of the landlord/lady as it covers just the situation you are in -it lets the occupier know about the proceedings.

I also suggest you stop paying rent until this matter is resolved BUT put the rent money into a separate bank account and keep it there until the rights over the house have been sorted. Make it clear to the agent what you are doing and why.

If the possession hearing does go ahead, you will need to be represented at it, so go see a solicitor asap. The court will need to be informed that you are a tenant, otherwise what will happen is that (depending on whether or not the ll appears and/or settles the arrears makes an arrangement to do so) the court will make as suspended or immediate possession order following which the Bailiff will be sent to turf you out.

Don't worry about dropping the landlady in it, she has effectively put you in the brown stuff in that you stand to lose your home. Ask BM about the possibility of buying - also ask the agents and the ll if you have direct contact still.

By the way, BM will take a very dim view if the ll has not told them she was letting and got permission beforehand - if this is the case, the judge is unlikely to make a suspended order.

If it does all turn pear shaped and BM will not let you buy and the house is repossessed, then you could look to the ll for all the costs associated with finding another property to live in and moving there - so you could sue her* - make sure you have her current name and address - if you haven't, demand it from the agent - they have to give it to you by law. (*offset by any rent you have withheld)

Also make sure you have a rent book to go with the rental agreements in case you have to go to court.

Let us know how you get on.

(posted 7102 days ago)

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