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RENTING? Check your LL has permission to let that property.
Comments
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Looks like this is being looked into, suggest everyone checks it out and comments in the consultation process:
Link to "Lender repossession of residential property: protection of tenants Consultation" available from here:
http://forums.moneysavingexpert.com/showpost.html?p=24179847&postcount=1
Extract from the introduction of the document:
"The problem is caused where the borrower lets the property without the knowledge or consent of the lender and in contravention of his or her mortgage agreement. Any such tenancy agreement will not be enforceable against the lender; we refer to these as “unauthorised tenancies”. Consequently if, following mortgage arrears, the lender repossesses the property, unauthorised tenants are not entitled to remain in occupation or to receive notice of eviction. These tenants may first be made aware of a problem by the bailiffs presenting a warrant for eviction, requiring them to leave at short notice."0 -
Thanks for that link franklee and tbs. I've emialed too. I had already written to my MP about these type of rouge landlords.
It would be good if the governent would make these unauthorised tenancies (landlords letting a property without the permission of the mortgage lender) a criminal offence and then start prosecuting these low lifes.Extract from the introduction of the document:
"The problem is caused where the borrower lets the property without the knowledge or consent of the lender and in contravention of his or her mortgage agreement. Any such tenancy agreement will not be enforceable against the lender; we refer to these as “unauthorised tenancies”. Consequently if, following mortgage arrears, the lender repossesses the property, unauthorised tenants are not entitled to remain in occupation or to receive notice of eviction. These tenants may first be made aware of a problem by the bailiffs presenting a warrant for eviction, requiring them to leave at short notice."
All renters should be checking that their landlord has received consent to let from their mortgage lender and if they have consent, that it is still valid.
RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
Just reminding all renters to check the landlord has consent to let from their mortgage lender, so that you don't end up with an illegal let.RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
MissMoneypenny wrote: »Just reminding all renters to check the landlord has consent to let from their mortgage lender, so that you don't end up with an illegal let.
I know this is your thing but please don't exagerate as there is nothing illegal about granting a tenancy in breach of your mortgage conditions.0 -
Wish we had seen this thread a few months ago, we signed a 12 month tenancy in June, not even 2 months into that we get a letter addressed to the occupiers telling us the house is being repossessed. Immediately called the mortgage companies solicitors who couldnt tell us anything much because of data protection, but did confirm the landlord didnt have permission from the mortgage company to let the house, because of this we as tenants have no rights at all, court hearing was last week, we attended and the judge granted us 56 days to vacate the property much against the mortgage companies wishes. Our landlord has left the country, our deposit has gone up in flames and we are now trying to find somewhere to go before the 56 days are up0
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southwold_gal wrote: »Wish we had seen this thread a few months ago, we signed a 12 month tenancy in June, not even 2 months into that we get a letter addressed to the occupiers telling us the house is being repossessed. Immediately called the mortgage companies solicitors who couldnt tell us anything much because of data protection, but did confirm the landlord didnt have permission from the mortgage company to let the house, because of this we as tenants have no rights at all, court hearing was last week, we attended and the judge granted us 56 days to vacate the property much against the mortgage companies wishes. Our landlord has left the country, our deposit has gone up in flames and we are now trying to find somewhere to go before the 56 days are up
Which is all the notice you would have got if the landlord had the correct mortgage!
Your deposit should have been protected and you should have had notice of which deposit scheme the landlord was using.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
I know this is your thing but please don't exagerate as there is nothing illegal about granting a tenancy in breach of your mortgage conditions.
It is an illegal let if the mortgage provider has not agreed to the house being rented out.RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
Here we go again
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MissMoneypenny wrote: »It is an illegal let if the mortgage provider has not agreed to the house being rented out.
It is not a criminal offence if the mortgage was obtained for the correct purpose ie if the now landlord lived in his property as his home when the mortgage was taken out.
It is a breach of the terms of the mortgage, not against the law, but a civil matter between the lender and borrower.
If the landlord got repossessed and if the tenants got evicted as a direct result and through no fault of their own, then they could sue the landlord for breaching the terms of the tenancy.
But these are all civil matters that someone could pursue through the civil courts. They are not matters that would have the police knocking on peoples door.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
Which is all the notice you would have got if the landlord had the correct mortgage!
Your deposit should have been protected and you should have had notice of which deposit scheme the landlord was using.
True on a periodic but with consent to let the lender would have honoured the fixed term - these people had *only just* moved in :eek:
They got 2 months from the judge by luck - really the court should have not given them that and it was not a given.0
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