privant tenant and repossessiongreenspun.com : LUSENET : Repossession : One Thread
Thanks for your last responses. Just to update. My landlord is on the verge of the building society taking the house I rent for repossession. Ive just had an estate agent view the house on behalf of my landlord and so it looks like he is going to put off repossession by selling the house. There is no doubt that he would make some profit from the sale. The landlord still hasn't told me anything (having told me 2 weeks ago that I could stay in the property until January 2004) so as far as he is concerned I do not know anything about this. In view of the estate agent saying that the house could be sold within 6/8 weeks - how do I stand with regards to my 3 month termination agreement? Should I just have it out with my landlord and find out what he's upto and/or should I inform his building society that I am his tenant and require notice?
He'll owe my 2 months rent as a bond too - which Im worried I wont get back - could I not pay the rent for the time being as payback?
Any help would be appreciated as Im starting to panic now.
-- jackie andrews (email@example.com), May 28, 2003
I think you should seek some expert advice, you could contact a housing aid centre, Shelterline, or a citizens advice bureau, and your local council or other local advice centre.
If it were me I'd certainly have it out with the landlord, though whether he'll tell you the truth is a different matter, it might be a good idea if you do to have someone with you.
-- M Amos (firstname.lastname@example.org), May 28, 2003.
Jackie, be aware that the house may get sold onto another landlord in which case the shorthold tenancy may be included as condition of sale.
SPEAK TO YOUR LANDLORD!!!!!!! If you dont and it get's repo'd you are stuffed, whatever he owes you, deposit etc. if he goes bankrupt you wont see a penny of it. discuss options now not when its too late.
-- Neil (email@example.com), May 29, 2003.
From your previous posting I get the impression that the mortgage pre- dates your tenancy and for this reason it wold not be binding on the mortgage company who could evict you in order to sell. If your landlord sells the property himself, however, your tenancy continues as you have an "overriding interest" under what was formerly s.70(1) (g) Land Registration Act 1925, although the law has changed recently and so I believe that, in order for a purchaser to take subject to your rights, the fact of your occupation must be apparent. If you can prove you were told you could stay beyond the 3-month notice period, you can try arguing that forms part of the protected right. The deposit is a matter between you and the landlord only and I would be wary of withholding rent in this situation as there is no breach of your landlord's obligations as yet to entitle you to set off the bond against rent - it's just your suspicion he won't pay when it comes to it - and this may jeopardise your security.
Hope this helps.
-- Jenny Russell (firstname.lastname@example.org), May 29, 2003.