Flat being reposessed due to landlords non-payment


#1

Hi all,

I signed for a letter addressed to the owner or occupier of my flat. I opened it to find notification that the bank are going to re-possess the flat due to non-payment by who I can only assume is the landlord. The letter advises us to contact the sender and also seek legal advice ourselves.

We deal with a letting agency so I sent them a copy of the letter. Letting agent has advised that they have forwarded the bank’s lawyer our tenancy agreement as proof I am the occupier and stressed that we must continue to pay rent.

A quick googling suggests that the bank may agree that we can stay on and rent from them or may just re-apply to have the property repossessed anyway.

What are the rights of the tenant in this situation? Are there any useful links I can look at? Should I contact the bank’s representation myself as I don’t trust the letting agent with this simple task? Do I need a lawyer myself?

Any thoughts, advice or similar experiences welcomed.

Dave


#2

Found this:


#3

Hi djog,

Hope you are well.

Yes, even if lender wants to take back property they need to follow the correct legal process to do so.

As you said, there may be a number of ways that this could progress from here. If you get any paperwork from the lender its probably best you contact the Shelter Scotland Helpdesk to get advice on next steps.

If you moved in after 1st Dec 2017 you will have a Private Residential Tenancy (PRT) and so the lender would need to repossess property first and then seek to evict using the repossession ground. You have the right to remain in the property until the correct eviction process has been completed - and have the protection of the First Tier Tribunal if necessary. As you said though, at this stage there may may be a number of alternative outcomes. If in doubt (or if you receive any further paperwork from landlord or agent) give us a call on 0808 800 4444 or use the online chat option.


#4

Thanks for the advice and support.

Yeah I think it is a PRT then. I will wait and see what develops and get in touch with more information.

Dave


#5

No problem,

How have you found the PRT so far (other than this issue)?

J


#6

Yeah it’s been alright so far. Was in touch with you a while back about a few outstanding repairs which have since (reluctantly) been addressed by the letting agent. So it was plain sailing until we received this notification :joy:


#7

Yes, I remember you got back to say the repairs had been completed. Keep me updated if you get any further paperwork djog.