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ReadyLaw, Advocate
Category: Law
Satisfied Customers: 1184
Experience:  Adjunct Lecturer at University of Technology
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My questions is in regards to the repossession of a

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Hello. My questions is in regards ***** ***** repossession of a property. Can you advise?
Assistant: Where are you? It matters because laws vary by location.
Customer: Manchester, walkden
Assistant: What steps have you taken so far?
Customer: I have contacted the council who were about to issue a notice of improvement as the property is in disrepair. I am just tenant. My landlord went bankrupt 4 months ago and I've had 3 different landlords since. The repossession proceedings are next month
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No that should be fine thank you

good day your question has been forwarded to me to see if I may be able to assist.

What do you want to ask regarding the scenario you have described?

Customer: replied 4 months ago.
Hello. My issue is with all the changes ie 4 landlords in 4 months. I've been keeping rent to one side as the landlord keeps changing. I have had demands for payment from two different companies however explained my predicament about the house being in disrepair and 2 condition reports being done which I never heard back from. Can I get in trouble for this? The bank are looking to repossess next month as the house has been disclaimed from the bankruptsy of my original landlord. I have just found out my tenancy may be binding. I will be happy to pay everything if repossessed, will they become responsible?

Thank you for the clarification.

I would hold out on making payments particularly as you do not know who is the current person who is in possession of the property. you should however be in a position to make payments if the court orders you to do so.

As you have a binding tenancy, once the mortgagor repossesses, they will become your landlord.

After the court grants a repossession order, the lender can apply to the court for bailiffs to evict you. The court could delay the eviction for up to two months if asked. It's important therefore for you to go to the repossession hearing so that you may know if the order is granted. You can make sure the judge knows that you live in the property and applies the correct rules to you.

This means therefore that an order for repossession doesn't affect your rights as a tenant if you have a binding tenancy. You can continue to live in the property. If they want to evict you, the mortgage lender must make another application to the court to do this.

You may also ask the court to grant you time to move if you need it.

I hope this clarifies things for you.

Kindly let me knw if I may be of further assistance.

Please take the time to rate the services received.

Best wishes


Customer: replied 4 months ago.
Thank you for all the advice. I will rate 5*. In regards ***** ***** tenancy it was an assured short hold lease which now runs periodically. The mortgage is buy to let and they are aware I'm in the property. Does that mean its binding? I will go to the hearing. I was just worried about non payment of rent but glad I wont get into trouble
it does sound as though it is binding. It is not unreasonable for you to explain to the judge that you were unsure as to who the landlord was particularly as the mortgagors is yet to obtain the order of repossession l.
Customer: replied 4 months ago.
Also I've contacted my new landlord who is now the free holder and they dont know who I am. I physically dont know where I would pay it at this point. They have asked for £125 fee to release the information of the new owner to me. Should I just sit tight until court? And is there anything I can do in regards ***** ***** I've been knowingly left in a house for months where my landlords know the condition. I have every intention of paying all rent. However the landlord side of the contract has not been fulfilled. Which I understand they want to bring money back in and not outlay it. I've been to the council we are waiting to find out my new landlord so a notice can be issued.

My guidance re the landlord remains the same.

Re the fixing of the house there is physically noone in place for you to enforce this right against. You may want to raise this at the hearing if the mortgagors are then giving the right to possess and by default your new landlord.

Customer: replied 4 months ago.
Sorry for the extra question. Would you have any advice in what I should take to court? Or how I should represent myself, I'm not great at speaking could I take a letter in account to whats happened? I'm aware the court proceedings aren't against me however they will affect me I guess

Good day, at this hearing it is highly unlikely that you would be required to speak or say much. This hearing would be primarily to allow the mortgagee to repossess the property. If that is allowed, the ,mortgagee would then have to commence separate or a new proceeding to evict you from the property if they wish to do so.

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