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jay1975
Starting Member
United Kingdom
10 Posts |
 Posted - 26 March 2010 : 03:44:33
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PLEASE CAN SOMEONE HELP!!!!
I was made bankrupt in December and at that time was living with a friend, i own my own home which was rented out and would like to move back in there. The tenants are due to leave end of may, any rent is being kept by the lettings agent on behalf of the or, i have been unable to make the mortgage payments, the lettings agent has informed me the tenants want to extend their stay! where do i stand in moving back? no-one is being helpful in their advice. |
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RHB
Senior Member
1159 Posts |
Posted - 26 March 2010 : 07:48:00
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Is the mortgage being paid? If not, then the mortgage company will no dount be starting repossession action soon so you wouldn't be able to move back in.
Have you spoken to the OR's office? |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 26 March 2010 : 18:29:41
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Hi jay 1975
with a rental property you and the tenant have certain obligations to each other.
one is providing adequate notice of termination of contract
your letting agent should serve notice on them on your behalf.
you can if you decide revoke the notice and allow them to stay on but once the contract and notice period expires you should be able to move back in
regards Richard |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 26 March 2010 : 20:17:16
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Hi,
Welcome to the forum.
As Richard P and RHB have already said, you have obligations to the tenant and they, in turn, have obligations to you. I do not wish to panic you, but there could be difficulties here and you need to examine where you are at present with all parties:-
The tenancy will be what is known as an assured shorthold tenancy. I suspect it was initially let by you for a term of 6 months at which time either party can serve notice - otherwise the tenancy rolls on as what is known as a period tenancy. That does not give any party extra rights by the way.
Is the mortgage a BTL or a normal residential mortgage?
It seems to me if arrears are to increase then the property may be lost anyway - either to the lender through a possession action - that is likely to take several months before it actually gets to court and a few months after that before the lender can reposs through a bailiffs appointment (eviction).
Is the letting agent collecting the rent in a formal process through the OR?
What has been said in your BR about the property?
What has been said to you by the OR about the property?
What has been said to the tenant by you or any other party (Letting agent, mortgage lender or the Official Receiver)?
Has the agent served what is known as a Section 21 notice upon your tenant?
Lots of questions, I think that you should post back with as much detail as you can, then we can look to see what is likely to happen.
Richard
"There are no problems - only solutions" |
Edited by - Housing on 26 March 2010 20:19:25 |
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jay1975
Starting Member
United Kingdom
10 Posts |
Posted - 26 March 2010 : 20:42:08
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Thank you so much for getting back to me. I feel unable to contact the or as he is not very helpful! the mortgage is a residential mortgage and the letting agent collects the rent from the tenants and this is being kept in a bank account on behalf of the or. When i last spoke to the or he said that it hadn't been decided what was happening with the property, i stressed the fact that i wanted to move back in several times. The lettings agent has confirmed nothing has been said to the current tenants and he has not served the section 21 notice. the property is in negative equity and i am aware that there will be nearly 6 months arrears on the account. is it ok if i can ring someone as it gets complicated even further regarding my job and a large loan i took out.
Thank you once again for replying since December i haven't had anyone i can talk to about this. x |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 26 March 2010 : 22:01:26
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Hi
Thank you for the extra information.
I am not able to give you advice outside of cyber advice as I do not have professional indemnity as I do not trade at present.
My expertise is based upon a professional life as a housing director of a local authority, a housing consultant and as an estate and letting agent, so is sound, simply that I am BR myself at present and am not set up in any official capacity. My advice is therefore in good faith and I believe reliable and I am happy to continue to post in response you your threads (or anyone elses).
To get advice outside of "cyber", I suggest that you speak to one of the practitioners that do have PI and are therefore able to "speak" to you.
In the meantime, if you want more advice on the forum, come back as I am here as an expert every day.
Regards, Richard x 
quote:
Originally posted by jay1975
Thank you so much for getting back to me. I feel unable to contact the or as he is not very helpful! the mortgage is a residential mortgage and the letting agent collects the rent from the tenants and this is being kept in a bank account on behalf of the or. When i last spoke to the or he said that it hadn't been decided what was happening with the property, i stressed the fact that i wanted to move back in several times. The lettings agent has confirmed nothing has been said to the current tenants and he has not served the section 21 notice. the property is in negative equity and i am aware that there will be nearly 6 months arrears on the account. is it ok if i can ring someone as it gets complicated even further regarding my job and a large loan i took out.
Thank you once again for replying since December i haven't had anyone i can talk to about this. x
"There are no problems - only solutions" |
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chester2005
Average Member
United Kingdom
786 Posts |
Posted - 27 March 2010 : 03:49:34
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if you want good solid advice i would suggest that you contact one of the highly respected professional forum experts namely, Paul Johns from revivaUK www.revivauk.com or mel from jones giles www.jonesgiles.co.uk
Dave
Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurhman)
RevivaUK and Paul Johns helped me through it all i can't recommend them enough!! |
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PLEASE CAN SOMEONE HELP!!!!I
