TMB have changed the locks on a buy to let property which was to be due to reprocessed before the tennant moved out without giving them any advance warning
yes it was mine i have an IVA approved and surrendered the house to them but explained the that i had to give the tenant 8 weeks notice and that she was due to leave on 16/10/12 but someone came and changed the locks today while she was out she already was in the process of moving but a lot of her possessions are still in the house including her tropical fish.
She is very upset so am I
Hi stressed paul. Welcome to the forum. Can you please clarify whether it was actually repossessed or did you voluntarily surrender the property to your mortgage company? If your tenant has an assured shorthold tenancy agreement from you, you will be liable for the breach of her not having the full 8 weeks notice of termination. You will need to remedy the breach with her, as she could sue you for denying her lawful occupation. You need to contact your mortgage company urgently to arrange for her possessions to be removed. If it was surrendered by you, you may be able to negotiate for her to return until the 16th - if she wants to. If repossessed, you may just have to arrange for her property to be collected, and offer her compensation to avert possible court action by her. Either way, if I were you, I'd get legal advise. Best of luck to you. x
IVA journey started: 30th March 2009. Settled: 17th July 2012. Completion Certificate received: 13th March 2013. Breathe. x
Hi again stressed paul. Depending on circumstances of the actual repossession by your lender, it may be worth you having a look through this document - if not done so yet. Hope it can help you and your tenant:
If you have any free legal advice eg. some companies offer this for their employees/some insurances etc. may come with free legal advice – I’d get on the ‘phone straight away, hopefully you can leave a few basic details and someone specialised in property could then ring you back so you are fully informed.
It’s bad enough that your house is going back, but to have this also. It sounds to me as if you have a decent communication with your tenant so that’s in your favour. Looks like she was due to leave anyway in 5 days time. Make sure you let her know how upset and sorry you are about all of this and make efforts to ensure you know that she has somewhere to live.
Personally, I would not be offering any compensation at the moment as I feel this would give the tenant ideas that she may not have in the first place about seeking further compensation. You know the person in question, so ask yourself -is it likely that she will pursue a claim given all the circumstances?- and try and communicate openly in attempt to do a bit of damage limitation.
It may also be worth making sure the tenant knows your own financial situation, the stress you are under and only and only if she mentions making a claim, say that you feel that the hassle for her of making a claim compared to the small amount of money you could literally pay because you don’t actually have any money as all of it goes into your IVA….? Just some of my thoughts I wish you well and hope you and your tenant can get through this amicably.
The only other thing I can think of is if the tenant is really worried about her fish, she may resort to calling the RSPCA so a very swift call to TMB for urgent access is really needed.
Try and stay calm, it will be OK it just needs some careful handling because yes, while in theory you could be liable for the breach of her not having the full 8 weeks notice of termination, I hope and believe it is unlikely to happen if you handle it sensitively.(It is not you personally who has denied access it is TMB and what they did was without your knowledge and therefore beyond your control I believe).
Good luck keep us informed.
Oscar
Last edited by oscar on Wed Oct 10, 2012 8:42 am, edited 1 time in total.
need to smile today? go on check out my blogs - I'll add to them regularly
Our IVA's over YIPPEE unbelievable!Seems like yesterday it was approved despite everything
Thanks for all your help and taking the time to reply will keep you informed, things are looking a little more hopefull today, she got her tropical fish out lol.
Cant really understand why TMB done this (what difference would it have ment to them if they had just left it for a week until she was gone)there is another buy to let property which I surrendered at the same time, its vacant and they never changed the locks on it.
Special thanks to Oscar.
need to smile today? go on check out my blogs - I'll add to them regularly
Our IVA's over YIPPEE unbelievable!Seems like yesterday it was approved despite everything
