UK Landlord Forum / Life

Hi there,

To cut my story short .
I have been renting this flat for more than 9 years.
In January found out that the Landlord failed to keep up with his mortgage payments and his Lender is seeking to repossess the property. Hearing took place in Feb this year, with the ruling being made in the favour of the Lender. In May the Lender issued me with the warrant, which was stayed for two months ( i exercised my right and asked for two months delay), however the stay was expired on the 12th of this month.
The Landlord does not update me on anything only demanding to pay rent before the due date., and the Lender's representative just brushing me off and telling to get Legal advice.
All attempts to secure alternative accommodation failed( private and the council).
No history of rent arrears since I moved in, no other breaches of the tenancy agreement from my side.
Landlord has failed to protect my security deposit, evidence has been gathered from all the schemes.
What should I expect to happen from now on? Will there be any notice before bailiffs will come? The whole situation just makes me so stressed, living on the boxes since Feb.

There would be notice before bailiffs turned up. You need to get urgent advice from CAB or Shelter.It is possible that the lender will give you some more time if they know you are seriously attempting to move,but they really just need to sell asap.Ordinarily you could make a claim against the landlord for failure to protect the deposit,but as he will probably be bankrupt this would be a waste of your money and time.I hope you can at least get your deposit returned.If private rentals are now unaffordable in your area have you considered finding lodgings as a short-term solution?   

The bailiffs will have to give you a minimum of 14 days notice that they will be attending on a date and time to execute the warrant.
On that date and time they will take possession of the property and you will need to find somewhere else to sleep.

If the property is in a big city, particularly London, bailiff lead times can be quite long.

The council should be able to offer emergency accommodation, but that is likely to be in a Bed and Breakfast or hostel.

While it feels wrong to say this on a landlord forum, I wouldn't bother paying any more rent to the landlord, before the due date or otherwise.
They've not protected your deposit, your chances of getting that back seem remote, and what're they going to do, evict you?

Quote from: heavykarma on August 17, 2023, 04:16:01 PM
There would be notice before bailiffs turned up. You need to get urgent advice from CAB or Shelter.It is possible that the lender will give you some more time if they know you are seriously attempting to move,but they really just need to sell asap.Ordinarily you could make a claim against the landlord for failure to protect the deposit,but as he will probably be bankrupt this would be a waste of your money and time.I hope you can at least get your deposit returned.If private rentals are now unaffordable in your area have you considered finding lodgings as a short-term solution?   

Thank you❤ I have been to the CAB, Shelter and the Council they said they never came across such issue and do not really know what to do. I guess lodgings is not an option as I have 2 children living with me ( under 10). I have already used the right to ask for a delay, two months based on the Mortgage Repossession (Protection of tenants) Act 2010😥 unfortunately it can be granted only once. The notice from bailiffs will be a bit of relieve, sounds better than just turning up on the door step. 🙄

Quote from: jpkeates on August 17, 2023, 04:38:25 PM
The bailiffs will have to give you a minimum of 14 days notice that they will be attending on a date and time to execute the warrant.
On that date and time they will take possession of the property and you will need to find somewhere else to sleep.

If the property is in a big city, particularly London, bailiff lead times can be quite long.

The council should be able to offer emergency accommodation, but that is likely to be in a Bed and Breakfast or hostel.

While it feels wrong to say this on a landlord forum, I wouldn't bother paying any more rent to the landlord, before the due date or otherwise.
They've not protected your deposit, your chances of getting that back seem remote, and what're they going to do, evict you?

❤ 14 day notice sounds sort of as a relieve, at least I will have time to sort out our belongings. I am scared not to pay the rent as Landlord can issue Section 8 I think. Then even the Council will refuse to help me 🙁

Quote from: Yoga72 on August 17, 2023, 07:37:48 PM❤ 14 day notice sounds sort of as a relieve, at least I will have time to sort out our belongings. I am scared not to pay the rent as Landlord can issue Section 8 I think. Then even the Council will refuse to help me 🙁

The landlord could use a section 8 notice.
But then they'd have to wait for it to expire, go to court, win and then wait for the same bailiffs who are currently about to evict you.
And, unless you owed two month's rent, they would almost certainly lose in court.

But, you're right, rent is still due.

The council aren't going to refuse to help a homeless person with two children. Their duty to the children would overcome the issue with making yourselves deliberately homeless.

You did not mention children in your first post.That does change the situation greatly.You should continue to look for somewhere to rent,but no way will you be left without a roof over your head. I fear this is a situation that Shelter et al will soon become more familiar with,as landlords default on their rising mortgages,and others who just want out sell up with a tenant in situ.One in 16 UK  landlords has sold a property well below market price in the last 12 months I heard. Good luck,this is a rotten situation to find yourself in.