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Pending repossession of property from the landlord

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729 views 1 replies latest reply: 26 July 2015

Hi there, me and my fiance moved in to a flat on 6th June under an AST through an agent.  We received a letter a few days later telling us that our landlord’s mortgage lender was seeking repossession of the property as the landlord was c.£12k in arrears.  This had been going on for some time.

Since then, the landlord has – via the agent – been telling me everything will be sorted but has failed to deliver on various promises and I am increasingly convinced he’s full of you-know-what. The court date is 7th August.

I was wondering whether anyone has any advice – specifically regarding whether I am currently within my rights to walk away from this property and reclaim my deposit of 6 weeks’s rent (which is with TDS).  Or am I compelled to sit it out and wait for an eviction notice (I’ve already written to the mortgage company’s solicitor, who indirectly told me they don’t give a damn about me!).  The agent is worse than useless.

Sorry for the long story but grateful of any views.

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Hi Adam

I’m not a lawyer but I don’t see on what basis you could walk away from the tenancy agreement at this point in time. Has the landlord breached the terms of the tenancy? Even then it’s often difficult to walk away unless both parties have agreed to end the tenancy. On that note, you could ask the landlord to agree to surrender the tenancy – you’d have to make sure you got this agreement in writing or it wouldn’t mean anything. If he says yes then you agree a move out date and at that point you can ask him to release the deposit. Your deposit is protected by the TDS and not a penny can be transferred to the landlord without your consent or unless the TDS dispute resolution service deems it reasonable.

It’s a good idea to motivate the landlord to surrender the tenancy so if there is anything you could complain about that might make things difficult for him use that as a bargaining chip. You could also threaten to delay the repossesion unless you’re released. As I said, I’m not a lawyer but if you want to get out of your tenancy asap, surrender seems the way to go. Otherwise, simply wait for the eviction notice, it doesn’t sound like it’s far off.


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