New house - tennant - massive debt by owner :-(

[DickusMaximus]

Just moved in to a lovely cottage. 12 month Short Hold Tenancy. All standard. The lass who owns the place has left behind a tatty, untaxed and uninsured Focus and… a few letters demanding sums over £12000 from creditors talking about bankruptcy and asking why she hasn’t contacted them in months. It's through an agency and the deposit's with the TDS. All above board apart from the car and the personal debt.

If they repossess the place will the first I know be when I come home and the locks are changed?

(The motor and the house are on a private road btw so I don’t think I can get the car towed by DVLA if she doesn’t answer the agent’s question about shifting it)

[DickusMaximus]

Simpo Two said:

£12K is worth some effort to recover so you can expect summonses in the owner's name and bailiff visits - but the good news is that they are not for you. You may like to write to each creditor explaining the situation - there's nothing guaranteed to get the recovery ball rolling than no response. County Court bailiffs are relatively powerless but High Court sheriffs are another matter and can take the car if they can prove it belongs to the creditor and it's worth anything (not your problem, it will tidy the place up!). As for the house and contents, they are well used to the occupants saying 'Nah mate that's not me, must be some other geezah' so you will need to prove you're who you say you are and that you rent it from the creditor. If you've paid your rent they can't just evict you.

So expect some choppy waters, but you are not the target.

Phew. Thank you so much folks :-)

[DickusMaximus]

The High Court stuff is what I was concerned about. If they take my stuff isn't that dodgy though? If they don't know it's not the owner's stuff?

I think an email to the agent is needed to explain that I found the letters and am concerned. She's clearly done something of a runner. The phone's still connected!

[DickusMaximus]

Sheepshanks said:

I wonder if the lender knows the house is let?

I think being turfed out with no notice is one of those things that in theory shouldn't happen - but in practice it does.

Do you know of any examples?

[DickusMaximus]

Well, this is escalating nicely.

Letter from the mortgage firm* stating the arrangement to pay the mortgage is £6k behind and 'as you are aware we have a possession order against the property...'

So she's deliberately gone to a lettings agent in the happy knowledge that the place is very likely due for reposession. Nice.

And at 2am this morning she invited me to Connect on LinkedIn.

The agent says 'I've not dealt with anything like this before so I will speak with my manager'

I called the mortgage folks who were polite and nice enough to say that the owner had recently been in contact so either:

(a) she will use my 1000 a month to pay the 900 mortgage

or

(b) she'll pay sod all and keep my 1000 until I get turfed out

And the flipping Focus is still untaxed and uninsured on the private drive so my sports car stays on a public road in full view.

• hand-delivered / not opened by me / opened in error etc etc

[DickusMaximus]

Sorted thanks Welshbeef et al.

Agency owner called. They’re livid. They already called Halifax to volunteer the rent direct to them. Nothing to do with 'owner' anymore she’s broken the contract. Assuming mortgage bank agree (and he’s sure they will) then I can stay for as long as the agreement is in place. Might even buy the gaff down the line.

Colleague pointed out that I’m entitled to live ‘withough fear’ and as I work from home I have a duty of care to my employer so I can change the locks and agency should pay half. Worth thinking about. 

PLUS - agency says I can withhold rent until she moves the car!