LPA Receiver Advice

[keates]

I agree with most of what you say and wish the landlord involved would come to this website for support but I have no evidence from all the people I am in touch with that LPA Receivers will ever 'toe the line'! My LPA Receivers even 'sold' five of my properties after being advised by my solicitor that they did not have the power of sale! It took a court injunction and judgement to finally stop them in there tracks.

 

I am currently in correspondence with RICS and NARA and MP's to arrange a meeting to discuss the regulation of LPA Receivers. At this time they are TOTALLY UNREGULATED and operate under the radar of ALL authority while they carry out the banks 'dirty work' and the banks hide behind them.

 

LPA RECEIVERS WILL NEVER 'TOE THE LINE' UNTIL THEY ARE SHOWN UP FOR WHAT THEY ARE - GREEDY, UNSCRUPULOUS AND MERCILESS AND THE LAW IS CHANGED!

[MikeyM]

thank you all for the replies, i think i am now more confused as to what my next steps should be..

 

My landlord came to see me today and advised that although he is in arrears that it will be sorted by this time next month.

 

I am still in a situation whereby i am not entirely happy with the 'documentation' sent to me by Watefold, or to say happy enough to pay them. I am mindful that if i start to make payments then i enter into an agreement with a company i know absolutely zero about.

 

If in the tenancy agreement is says my rent is due on the 1st, would it be wrong of me to delay making payment until this is resolved?

 

Confused..

[keates]

I feel very sorry for your landlord because I know what he is going through having been there myself and I wish he would come to this forum to see if we can help him but I have known many landlords in his situation, who have paid up their arrears but have still not got their property back so I am not confident about his situation.

 

I can understand that you feel unsure about paying money to the receivers but if your landlord has told you that they have been appointed then you really have no choice.

 

As far as withholding your rent is concerned - this isn't something I would advise anyone to do but can you tell me if you have a six or twelve month term? Also, did you establish who is holding your deposit? Is it with a deposit protection scheme as it should be?

[suffering]

my opinion ; Pay the landlord he needs as much money as he can get to get himself out of this mess he is the one you have a contract with and him alone so long as you pay him the lpa cannot evict you. If you pay them they then have more options as to what they can do to you because they then become your new landlord. keep trace-able receipts do not pay cash. If you pay no-one then either can evict you.

Another scenario would be; nudge nudge wink! if you had a 3 year lease dated before they served notice on the landlord you could be safe for 3 yrs and your land lord would be in a better position because they could'nt sell. (this gives the lpa big problems)

[steampowered]

It sounds like you need to pay the LPA receiver not the landlord. Remember that the payment will go towards the landlord's arrears so will be helping him out in that way.

[suffering]

Not when you are dealing with blemain i know i sold a brand new 3 bed detached house i had received a letter telling me if i do not pay the arrears in full in 30 days they would appoint receivers. Guess what i paid them over 3 x the amount and they never took a penny off the arrears appointed lpa receivers when that failed they went for possession i have a counter claim for fraudulent misrepresentation and unfair relationship. Do not confuse this company with one who plays fair or by the rules

[mjt2013]

Pay the landlord he needs as much money as he can get to get himself out of this mess he is the one you have a contract with and him alone so long as you pay him the lpa cannot evict you

 

The receiver can unfortunately evict you if you continue paying the landlord post appointment.

[suffering]

Not with out a court order, what would be the grounds for eviction, not paying your rent?. or paying the wrong person? There is a lot more to dealing with self imposed LPA receivers than just caving in. As i proved when i challenged them, and they resigned. Their two main tackticks are speed and intimidation, Trying to catch you off guard, and relying on you, not knowing what to do.

The Law of property act is quite complicated and like many laws is open to interpretation and a lot of the advice on the internet is written by LPA receivers so gives a biased view. admitedly it is difficult for a tennant, if the landlord and tennant do not work together.

[mjt2013]

It would be a ground 8 mandatory claim in all likelihood because the rent wouldn't have been paid once two months passes. Once the receiver is appointed they are entitled to the rent, not the landlord so continuing to pay the landlord is the same as paying it to your neighbour.

[MikeyM]

well, ive chosen to write to the LPA receivers asking them if they can validate their claim by providing me with a legible copy of the Deed of Appointment by return which has their own signature on it. Ive sent via recorded delivery. Ive also asked that they only communicate with us via letter.

 

I have a 12 month tenancy on the property and to answer Keates question i cannot confirm if its in a holding scheme, it wasnt something i remembered to ask my landlord about but i will at some point. He hasnt ever provided any details in any case.

[MikeyM]

ok so a quick update.

 

 

LPA have sent me the relevant paperwork and I have successfully paid a months rent to them directly.

 

 

They have now told me they have been instructed to sell the property and need to get it valued.

 

 

I actually have a 6 month tenancy according to the agreement signed by the landlord which runs out end of May. Where does this now leave me?

 

 

Looking elsewhere pretty sharpish?

[steampowered]

I'm not an expert in this stuff, but have always understood that a lease held by someone in actual occupation of the property (provided the lease is less than 7 years) will remain enforceable. They are entitled to sell the property but your lease would continue to bind the new owner. This does assume that you have a Lease Agreement rather than some sort of license which is not lease.

[SittingDuck]

MikeyM,

Unfortunately this course of action was inevitable by an LPA receiver instructed by a state owned bank.

 

As per my post number 19, this course of action would have helped you and the landlord. Have you sent a copy of your tenancy agreement to the LPA receiver?

 

Is the tenancy agreement 6 months or 12months. Your last two posts seem at odds on the term.

 

Are you still able to work with your landlord?

[suffering]

its only my opinion and i am anti LPA receivers. stick by your landlord its his property that they are playing with he is the one you have a contract with. The LPA receivers do not give a dam about tenants or landlords. they are only inerested in their commision and how much they can make from the misery of others, its high time they need a courts permission to take over someones financies. Its hard to undo the mess that these unqualified self imposed LPA receivers cause.

[Stevlynd]

The receivers over my properties haven't collected any rent for over 18 months, or done any repairs or any gas checks.

[SittingDuck]

Hi Stevlynd,

 

Remind them that if they are effectively working for you and to explain to you why they are not collecting rent.

1) How do you know they are not collecting rent?

2) Who are the LPA receivers?

3) Who is the bank?

[suffering]

if they are not collecting rent, you collect it. or take them to court for mis-management they are running up your outstanding balance. charging you for incompitant service, try and take back control lpa's are useless leech's

[BUTTERCUP7]

We are in similar situation with LPA receivers. Can Keates and others help us. I am ill and hubby is suffering terribly. We have tenants in the house who know the situation and would sit tight if we asked them. The previous tenant ran off scared after the agent went round slagging us off.

What options have we please?

 

Any help would be great.

Desperate.

Edited November 5, 2014 by HOLLYHOCK5
spelling mistakes

[Gemma.]

Hi,

 

What is your situation exactly? Have you checked your mortgage terms to see if the lender can appoint LPA receivers etc?

 

Try to stay calm, I know how hard it is though.

[BUTTERCUP7]

hi Gemma

 

yes they can appoint them.

though our case is with the FO at the moment due to the appalling conduct of them AND the lender.....

we are waiting for the outcome.

 

the lpa have not collected any rent either and the tenants are just sat there waiting to see what happens along with us.

 

can the tenants sit tight/ would that help us and allow us to get to court as this would be better than what they are doing - trying to railroad us into a fire sale.

 

can we remove the power of attorney from them?

 

thanks

[Gemma.]

I think I would ring the FO and explain the current situation, they may see it as harassment, at the very least it sounds like negligence (not collecting the rent) but it all depends on the details. From my experience you will not be given a choice about any sale, they will sell it if that's what they choose to do, but there are rules governing the sale. For instance they have a duty to get the best market price, but that rarely happens in reality.

You don't mention what the arrears are or why the LPA got appointed in the first place, is that part of the FO complaint, and what is the court case about?

 

 

I really feel for you. It's an awful situation, there are lot's of legally trained bods on here that will hopefully come and reply soon, I can only respond from my own LPA experiences

[BUTTERCUP7]

hello Gemma,

 

yes i can update the FO. they have had our case since this time last year! the first adjucdicator has it and we heard nothing till a month ago - then another chap wrote to us from the FO and said he was dealing with it and would need time to look through the mounds of paperwork. within ten days he rejected it!

 

now we have asked it to be reviewed by the actual Ombudsman and are waiting for that. in the meantime then tenants are in there and the lpa has not contacted them or us! we have asked the lpa for a breakdown of fees as they keep sending bills for work they have done??!! they have not done anything at all and havent been to the house. we requested these breakdowns six times - all to no avail. they completely ignored us!

 

they have left us in limbo. not allowing us to collect rent and then not collecting rent themselves. the tenant has paid 'the rent' into a spare account and he shows us this every month being paid into the account as proof - so the back rent is there.

 

we dont know where to turn now. we both have been diagnosed with severe anxiety and depression and they all know this but they simply do not care a jot.

 

the arrears are there because they change the way they work something out and we thought the arrears were about 4k and they had rolled them up etc - but they then decided to throw that out the window and come after us for the arrears which they say are about 15k! we disputed this and this is partly why we complained to the FO.

 

the thing is we have three other properties with the same lender/bank and we are paying them fine and have small arrangements on them as they got a bit behind as the Agent came round and frightened off the tenants and blabbed all our financial business to neighbours!

 

this whole thing is a nightmare and very complex and we have been treated in nothing short of a criminal way - we cannot believe how this is going on.

 

we feel helpless. we just want to pay the mortgage from the rent and sort it all out but the LPA lot are not allowing it and the Lender is completely negligent in our opinion.

 

any support and advice on here would be great as we are drowning..

 

thank you very much

[keates]

I am very sorry to hear from yet another victim. Can you tell me which bank and receiver you are with and why the receivers were appointed?

[BUTTERCUP7]

hello Keates

 

the lender is TMB - the mortgage business.

this is still owned by the Halifax and Lloyds Banking Group

they were appointed because of arrears which we dispute the amount and this is still the case.

the tenants stopped paying as an Agent went around and scared them off - so we got further behind. the Agent also broke the data protection act/rules four times and tmb admitted this too and paid us some compensation for.

 

thank you for taking the time to reply.

[keates]

Hi Hollyhocks, it won't help you I know but there are literally thousands of us who have been the victims of our banks appointing LPA receivers. I have been fighting for four and a half years. Which part of the country are you in? Have you had any legal advice?