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sjharri
16-03-2007, 17:02 PM
hello i received a letter from my landlord today iam on housing benefit which is paid up to date, im really worried about this letter and what it means for me.

can anybody explain this letter to me and whether i should be concerned as the letter is a bit vague as to what its about and actually seems a bit pointless sending to me as this is the first i know of the situation.

thanks in advance



Dear tenant,
Due to rent arrears that we have on our properties,in the region of £250,000, we are experiencing increasing difficulties regarding payments to our lenders.

we are trying to resolve the situation out and as of yet, we have managed to settle any outstanding arrears on any of the relative properties before the court case.
we are actively talking to our investors and we are hopeful that they will be able to take over the properties for us and resolve this situation shortly.
this is an across the board situation and bears no reflection on any individual person or property.

Joannepowell
16-03-2007, 17:13 PM
hello i received a letter from my landlord today iam on housing benefit which is paid up to date, im really worried about this letter and what it means for me.

can anybody explain this letter to me and whether i should be concerned as the letter is a bit vague as to what its about and actually seems a bit pointless sending to me as this is the first i know of the situation.

thanks in advance



Dear tenant,
Due to rent arrears that we have on our properties,in the region of £250,000, we are experiencing increasing difficulties regarding payments to our lenders.

we are trying to resolve the situation out and as of yet, we have managed to settle any outstanding arrears on any of the relative properties before the court case.
we are actively talking to our investors and we are hopeful that they will be able to take over the properties for us and resolve this situation shortly.
this is an across the board situation and bears no reflection on any individual person or property.

Dear sj - sounds to me like your landlords may have sent you this letter for two reasons and it is likely it has been sent to all their tenants.

Firstly, it could be a subtle plea to all those tenants with arrears to 'please pay up' because they have financial problems. Secondly, it is probably advance warning that they may have to resort to selling some of their port-folio to settle their debts. This could mean that your home is at risk due to other defaulting tenants. You will expect if this is the case the next communication you may receive could either be a section 21 (notice requiring possession) or it could be a letter of authority from a new landlord that has purchased the property.

Hope this info helps.

Kind Regards

J

sjharri
16-03-2007, 17:37 PM
hello thankyou for the quick reply.

doesnt look good for me then does it
looks like i will be homeless soon then

Joannepowell
16-03-2007, 17:47 PM
hello thankyou for the quick reply.

doesnt look good for me then does it
looks like i will be homeless soon then


I was giving worse case scenario sj. Your best course of action would be to contact the landlord to clarify why it is that they sent the letter.

& don't forget that the landlord has to give you the correct notice in order to gain possession in the event of wanting you to vacate (minimum two months notice).

Don't stress out until you get the facts. I could be totally wrong with my interpretation of the letter.

Ring them!

Good luck

J

Worldlife
16-03-2007, 17:55 PM
If the property is subject to a mortgage which was granted before your tenancy started and the lender, usually a bank or building society, wants to sell it, normally to pay off mortgage arrears the this would be a Ground 2 reason for possession. You must be given two weeks notice before Court proceeding are started to gain possession.

For the more usual Section 21 notice you will be entitled to two months notice and then the Court has to grant a Possession Order. If you decide not to move out the Landlord will have to organise bailiffs. The whole process could take at least four months.

Don't forget that you will still have to pay rent and will incur Court charges resulting from proceedings.

Maybe best negotiate with the landlord!!!!!

justaboutsane
16-03-2007, 22:02 PM
£250,000 worth of tenant arrears! Bloody hell they don't have a good system in place do they! .. Either that or they have a massive portfolio! I think they need to get rid of the tenants who are not paying their rent pronto!

Ruth Less
17-03-2007, 03:18 AM
This could mean that your home is at risk due to other defaulting tenants. You will expect if this is the case the next communication you may receive could either be a section 21 (notice requiring possession) or...

Unless the landlord operates a "Sword of Damocles". That is the routine service of a section 21 at the start of the tenancy. Often tenants don't realise or remember this has been done. If it has the notice may well have expired already.


& don't forget that the landlord has to give you the correct notice in order to gain possession in the event of wanting you to vacate (minimum two months notice).

It's fashionable these days to serve notice routinely at the start and yet forget to advise the op to check for it.


For the more usual Section 21 notice you will be entitled to two months notice and then the Court has to grant a Possession Order.

Does nobody consider there may be a "Sword of Damocles" ?! The op hasn't mentioned it but often tenants don't realise or forget what happened so in that case it's worth checking up on.

sjharri, it's worth your checking the section 21 notice hasn't already been served, probably at the start of the tenancy.

Worldlife
17-03-2007, 03:51 AM
Unless the landlord operates a "Sword of Damocles". That is the routine service of a section 21 at the start of the tenancy. Often tenants don't realise or remember this has been done. If it has the notice may well have expired already.



It's fashionable these days to serve notice routinely at the start and yet forget to advise the op to check for it.



Does nobody consider there may be a "Sword of Damocles" ?! The op hasn't mentioned it but often tenants don't realise or forget what happened so in that case it's worth checking up on.

sjharri, it's worth your checking the section 21 notice hasn't already been served, probably at the start of the tenancy.

Agree fully with these comments Ruth. If the "Sword of Damocles" has already been served then it will be necessary to check that it is error free - otherwise the notice may be invalid. If, for example, the notice was been served and dated with the tenancy documents, instead of after the commencement of the tenancy, that could be a fault invalidating the notice.

DianeB
17-03-2007, 21:37 PM
I have asked around about the SoD and the general reply I have received is that a judge is likely to throw it out of court because it wasn't issued "with meaning" in the first place. Would anybody agree with this?

Joannepowell
17-03-2007, 21:48 PM
I have asked around about the SoD and the general reply I have received is that a judge is likely to throw it out of court because it wasn't issued "with meaning" in the first place. Would anybody agree with this?



Diane did you not take part in the big debate? It was a thread started by chocolatemalteser and had like a million hits!!! It started as one thing but ended in a big debate about SoD. Surely you took part? If not, where where you? Will make interesting reading for anybody wanting to consider the merits (or lack of) to issuing a section 21 at the commencement of a tenancy.

Link below:

http://www.landlordzone.co.uk/forums/showthread.php?t=4999

Somebody in the thread actually stated that a section 21 had been used successfully THREE YEARS after issuing it.... :eek:

Happy reading!

Kind Regards

J

sjharri
18-03-2007, 18:16 PM
hello everyone thanks for the repies to my question

i read up on my tenacy agreement and it does state that they would have to
get the section21 for possession and that it hasnt been issued yet,
well.....as far as i can tell.

my landlord is a company called "retail and domestic properties" owned by a richard dewsbury

just thought maybe someone may have heard of them or him and might have some info on them..

thanks again

Joannepowell
18-03-2007, 18:24 PM
hello everyone thanks for the repies to my question

i read up on my tenacy agreement and it does state that they would have to
get the section21 for possession and that it hasnt been issued yet,
well.....as far as i can tell.

my landlord is a company called "retail and domestic properties" owned by a richard dewsbury

just thought maybe someone may have heard of them or him and might have some info on them..

thanks again


Members - it would be a bit ironic if the following was the actual company don't you think? http://www.buy-my-house.me.uk/

J

lorenzo
18-03-2007, 18:55 PM
Members - it would be a bit ironic if the following was the actual company don't you think? http://www.buy-my-house.me.uk/

J
Hmmmm these always polarize folks. Are they predatory? or just helping people out of a jam for a profit?

Karma?

sjharri
18-03-2007, 19:37 PM
Members - it would be a bit ironic if the following was the actual company don't you think? http://www.buy-my-house.me.uk/

J



thats them.
looks like they have thier site up and running now hasnt been for years

sjharri
13-05-2007, 15:49 PM
hello
just a bit of an update:

the landlord has gone into "administration",
i have a letter from the administrators
saying the administration should prevent any further action being taken by the mortgage lenders, they want to sell the property portfolio to investers who hopefully would honour the existing tenancy allowing me to remain in the property,

also it says in the letter the landlord has been experiencing financial difficulties
due to tenants with arrears of rent, i have found out that there are arrears on this property to the mortgage lenders, i receive housing benefit which is paid direct and always has been to the landlord and is not in arrears to the landlord at all, if he is paid the rent how can there be arrears on this property?
i find it wrong that he is asking tenants with arrears to pay up when even if you have always had housing benefit paid to him he isnt paying the mortgage lenders with the money he has received it seems like he is blaming it on the tenants knowing full well that he has not forwarded the money onto the mortgage lenders

the court date for the repossesion order is still ongoing and the court date is still set for the 18th may
have i got any rights at all in this and if he has not paid the mortgage with the money from the housing benefit is it illegal??

thanks