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landlord repossession

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541 views 1 replies latest reply: 21 June 2016

I woonder if anyone can help with this.

I have a tennancy agreement with Andrews estate agents who have been acting for the landlord of the flat im living in. Ive been in there for 11 months and I’m due to end this current tennancy in july 17. For the last 6 weeks the landlord has had a warrant for possession served on him as he has not been paying the mortgage etc

Ive been dilegently paying my rent each month, but Andrews is clearly not passing this onto the Landlord as he has left the country and thet cannot get hold of him.

What should I do with my final months rent, do I pay them ? If a Bailiffs Letter appears for my landlord in the next week / month I will be forced out I assume.

He has a resendential mortgage and not a buy to let mortgage. he ows a third party loan company who have acquired a possession order on the property rather than the mortgage company. I feel that I should not pay Andrews as they have no standing in the matter as a third party agent as the lanlord is now absent and has no rights to a claim of the property. What shall I do >> pay or not.. I will also need to get back my deposit and can I continue to live here until I’m forcebly evicted ?

Thank  you 

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Hi Paul,

You are seeking legal advice and this is not a legal website. Whilst I am happy to give general advice, in complicated matters such as yours you need professional advice.

Andrews could be in breach having not fufilled their obligations to you as a Tenant to ensure a suitable mortgage is in place. What is more, legal claims to funds can often be issued to managing agents for direct payment to resolve such issues.

I would seek urgent and detailed legal advce on this matter and go from there but I would not normally recommend any breaches of contract on your side.

Was your deposit registered and protected? If so, even if the Landlord is bust, this money will be safely protected for you by the scheme itself or an insurance policy.

Hope that helps.

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