My landlord hasnt paid the mortgage ...

[emmalouise32]

If my landlord hasnt paid the mortgage on the house I rent and I have had a repossession letter from the lenders solicitor saying the house will be repossessed am I allowed to break my tenancy agreement and move out ? Would he be considered to be in breach of the agreement

[Didwot]

An important point is whether or not your tenancy binds the lender. If it was created with the lender's express consent then it does, but if it was not then the lender can obtain possession of the property from you, once it has got the possession order from the court against your landlord.

[Mansell]

We have been told that the property has to be physically repossessed i.e locks changed and us turfed out.  We have had no confirmation from the landlord that this has been sorted out and in our own interests are looking for alternative accommodation as we cannot wait around for the bailiffs to turn up as we have two children.

The situation is that we want out of the property because this is the first in a long line of aggro we have had with our landlord and we have only lived in the property two months of a 6 month AST.  He has failed to repair light fittings that dont work, turn up for appointments when we have taken time off work to meet him, fit carpets (so we have bare floor) remove rubbish from the garden and then we get the letter from the solicitors acting for the Halifax saying the house is going to be repossessed. 

We have had enough and want out, but we need a good enough reason to prove he is in breach of contract as we have not "freely enjoyed the use of the property".  We just need to know we have a hope in hells chance if he chooses to sue us.

[emmalouise32]

I have added more below (logged in as Mansell) - somebody pleeeease tell me if I am going to go to prison or be bankrupt for life if I vacate the property before the 6 months is up because of that repossession letter .....

[Didwot]

You will not go to prison. You will not end up bankrupt (unless you have substantial debts that you can not pay).
If you move out in breach of your tenancy agreement all your landlord can claim is the rent he loses during the balance of your tenency. He already has your deposit (probably one months rent) and would not be entitled to rent once the property has been repossed. You would, of course, defend any claim alleging breach of contract by him. What stage had the repossession reached?

[emmalouise32]

The landlord said he will sort the mortgage out but we have repeatedly asked for written confirmation and he has not come up with the goods.  He has proven himself to be totally unreliable over the last 2 months having not shown up for appointments we have made with him regarding repairs at the property and then turning up without an appointment saying "if you dont let me in now I dont know when I will be able to come back".  We are generally of the opinion his word counts for jack sh*t !  All I need to know is that he is not enabling us to "Quietly enjoy & possess the property" as it says in our lease we should be able to and if we leave before the tenancy has run his course he wont be able to sue us.

[erimus1]

Just to let you know - if the lenders did not give their express permission for your landlord to let the property, the tennancy agreement, legally is invalid, and therefore you may move out. Even if this is the case, you can still stay in the proprty if you so wish - remember, nobody can legally remove you from your home without a court order no matter what the circumstances.
Good luck.