private renting

[markh1972]

hi can anyone help with this querey,my daughter and her chap moved into private accomidation about a month ago,through an estate agent,signing up for a years lease.last week they were phoned up by the esate agent telling them they had to move out because the flat was being re-possesed! and that they found somewhere for them to move into straight away,and seeing as they,ve been mucked about giving them a months free.
No i,m smelling a rat here, firstly shouldnt the esate agent have done checks to make sure that the landlord was not in any difficulties with the mortgage?
secondly what rights does my daughter have after all it wasnt their fault, they had signed for 12 months,i think the esate agent is at fault here and told my daughter to stay put.....am i right to say this.....something just isnt ringing true here

[daffy654]

Banks frequently repossess houses with tenants in them,it is then up to the bank to give notice or apply to the courts to evict the tenants. They are at least entitled to reasonable notice that they have to move,the period of notice will be in their tenancy agreement.

[markh1972]

o.k i undestand i just feel that all this from them moving in to being told to move out,(less than a month,) is a bit strange and surely the estate agent should have checked that there was no probs with the landlord,just seems a bit to quick.....im sure that the estate agent has done innsuficent checks in this case

[daffy654]

I don't think there is any obligation on the part of the agent to confirm the mortgage is currently up to date as long as the owner of the house can prove they own it then that would suffice.
I think the agents are being quite reasonable giving a month's free rent on the offered property.
I know it must be a pain for your daughter having to move again so soon but I don't feel the agents are to blame here,the landlord is the one who you should direct any annoyance toward.

[themas]

"They are at least entitled to reasonable notice that they have to move,the period of notice will be in their tenancy agreement."

No - there will be nothing in the tenancy agreement about this. The mortrgage lender takes the landlord to Court & gets a repossession decision. The Court decides how long should elapse before the lender can take possession - usually a short period like 28 days. Under the law as it is now the tenant can even find the bailiffs come to evict them and they know nothing about it!

The agent has no power to check the mortgage position unless the landlord gives authority to him to do so. I think it would be most unusual for an agent to do this.

It seems to me that your daughter has been quite fortunate. Yes, she has been mucked about, but the agent has let her know the position (presumably as soon as the agent knew of it) & has offered her somewhere else & some recompense. She will have to move out, so she should accept the offer unless the place is unsuitable.

If she is doubtful whether the agent is telling the truth she could ask for details of the Court claim & decision.