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Landlord Questions
Comments
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barnaby-bear wrote: »Most important is "Do you have permission to let from your mortgage lender"
If this isn't the case you have no rights of tenure, so if repossessed you and tenancy don't exist nothing in the AST about notice etc is valid and you could have to leave with a few days... of course you can sue the LL for breach of contract but if being repossessed unlikely to be great outcome....
Potential tenant(PT): Do you have permission to let from your lender?
thesaint: Yes.
PT: Can I have proof?
thesaint: No, They do not give certificates or letters out. Do you want my mortgage statement that has all my personal and financial affairs on?
PT: Yes please.
thesaint: I was being sarcastic you dweeb, now sod off and find somewhere else to live.
PT: Don't be so hasty, some people on the interweb said that it would give me security if you are repossessed.
thesaint: It won't give you any extra security you doughnut, why would I get repossessed anyway?
PT: Well these same people on the interweb said that BTL'ers like you have caused the housing market to treble in ten years.
thesaint: So?
PT: Well, they predict a crash.
thesaint: fuming at this point) How long have they been predicting this crash?
PT: Well about 6 years, give or take a year or two.
thesaint: Tell them crystal ball gazers and sell to renters that house prices continue to rise. now sod off i'm off to count my money!Well life is harsh, hug me don't reject me.0 -
Oh dear what a fuss from landlords not wanting to answer a simple little question!
It seems many landlords and tenants don't understand the importance of the landlord having permission to let from their lender. It affects how and when the tenant can be booted out should the property be repossessed. If there isn't consent to the tenancy from the lender then the tenant has NO protection against the lender
http://www.thesite.org/homelawandmoney/askthesiteqandas/housingqandas/repossessionrights
"However, you may have the right to stay in the property if one of the following applies:
.... snip ....
You moved in after your landlord took out the mortgage, but the lender agreed to the tenancy;"
See also
http://www.compactlaw.co.uk/free_legal_information/private_housing/privhf14.html
Most mortgages have a condition that the property cannot be let without the prior written consent of the lender. Landlords should always seek the consent of the lender before letting their property.
This is important because any tenancies granted without the consent of the lender and after the date the mortgage was taken out will not protect the tenant(s) against the lender.
Even money box recommend this question is asked:
SMITH: Well if you want to check in advance, it’s very easy to check with the Land Registry. I believe it costs about £2. You can do it online and find out if there is a mortgage and then perhaps get a letter from the lender saying that they’ve given consent.
...snip...
DUGGLEBY: Well there’s a check that you could have done, which you didn’t. I’m sorry about that. But anyway, Marveen, carry on. Now you’ve got a letter from the court saying right, that’s it. Marveen?
...snip...
SMITH: It’s very draconian and I think if tenants realised that, they’d probably take more checks before they took a property on.
http://news.bbc.co.uk/1/shared/spl/hi/programmes/money_box/transcripts/06_11_13.txt
And here's one of many examples I've seem where the property is to be repossed, the landlord didn't get permission to let and the tenant is left in a horrible position:
http://forums.moneysavingexpert.com/showthread.html?p=5182141#post5182141
If the landlord doesn't wish to answer then that's fine but it tells me all I need to know about them which is they are either cheating or ignorant, not someone I would want to rely on for the roof over my head!0 -
PT: Can I have proof?
thesaint: No, They do not give certificates or letters out.
Erm of course they give letters out!
http://www.compactlaw.co.uk/free_legal_information/private_housing/privhf14.html
"Most mortgages have a condition that the property cannot be let without the prior written consent of the lender. Landlords should always seek the consent of the lender before letting their property."
Oh and one more thing, in these days of re-mortgaging every few years to get the best interest rate then many tenants may have been in the property BEFORE the current mortgage was taken out which changes their rights too:
From a link I gave before:
However, you may have the right to stay in the property if one of the following applies:
You were already living in the property when the owner purchased it (you were a 'sitting tenant'), or when they took out a second mortgage;
http://www.thesite.org/homelawandmoney/askthesiteqandas/housingqandas/repossessionrights0 -
I have BTL mortgages, and I can confirm that I do not have any letters to give to a tenant to allay their fears. I can not give a link to numerous websites because this is real world experience and not interweb nonsense.
While they are searching the land registry, asking the home office about my resedential status and making enquiries about my somewhat risky sexual preferences etc etc, I would let it to someone else.
If a lender was to repossess my property, is anyone suggesting that my lender would wait for one of my tenants with a 12 month AST with no break clause to leave?Well life is harsh, hug me don't reject me.0 -
Franklee-
I think you misunderstood. No one said a tenant shouldn't find out if the LL has permission to let out his property. But, psychologically, he should find this out from the letting agent not the landlord. A landlord, unless there is already a mutual regard for each other, will potentially have a negative reaction and wonder what the tenant is up to.
As pointed out above, the land registry deeds, downloaded for £3 will tell you who has a charge on the property and the tenant could write to them. However, he may not get a response in time and lose the rental.
Reputable letting agents will have asked that question to the LL and should be included in the contracts. My letting agent did just that.
Anytime a tenant takes a rental out of the local rag from a LL doing his own advertising, he is taking a risk and the LL is also taking a risk.FREEDOM IS NOT FREE0 -
This isn't a question to ask, but as a tenant who's had deposits witheld the most important thing to do is take pictures of the condition of the property on the day you move in. Don't sign the inventory when they shove it at you in the EA, take it with you and write down anything you notice, like marks, state of cleanliness, everything you can think of. Sign it when you are happy it is a true represention of the state of the property.
There are a lot of lovely LL out there, my first rental was completely problem free, but my second was a complete disaster, so make sure you have hard evidence of the state of the property when you move in.Quit smoking 12th July 07 :j0 -
This isn't a question to ask, but as a tenant who's had deposits witheld the most important thing to do is take pictures of the condition of the property on the day you move in. Don't sign the inventory when they shove it at you in the EA, take it with you and write down anything you notice, like marks, state of cleanliness, everything you can think of. Sign it when you are happy it is a true represention of the state of the property.
There are a lot of lovely LL out there, my first rental was completely problem free, but my second was a complete disaster, so make sure you have hard evidence of the state of the property when you move in.
You are almost there. Priority #1: The check in. A proper letting agent will have notified the tenant of the time and day of the check in Inventory/Condition Report. The tenant or his representative should be there in order to go over what is being listed at the time.
The Check out: Again, you should be there and will have have been given a time and day.
The dates are mutually agreed not a unilateral decision.
Pictures are not necessarily being accepted anymore as proof of anything. This is to do with the high ease of professionally altering dates and the picture itself.FREEDOM IS NOT FREE0 -
I have BTL mortgages, and I can confirm that I do not have any letters to give to a tenant to allay their fears. I can not give a link to numerous websites because this is real world experience and not interweb nonsense.
Well if you had read the links you would see that BTL mortgages make the tenant's position different again. BTL mortgages are designed for letting so in that case you wouldn't need permission but could simply indicate that it is a BTL mortgage. Presumably there would be some bit of paper that had the mortgage name/type on that isn't your statements that you understandably wish to keep private.While they are searching the land registry, asking the home office about my resedential status
Land registry online takes minutes, most useful for checking the landlord's name and address as we all know is essential to get right from eagerlearner's thread. No one recommended the home office
but if the landlord resides abroad then the tenant needs to consider how they'd get their deposit back.and making enquiries about my somewhat risky sexual preferences etc etc,
Frankly that's too much detail :rolleyes:If a lender was to repossess my property, is anyone suggesting that my lender would wait for one of my tenants with a 12 month AST with no break clause to leave?
Well you could try reading the links I gave, the tenant on a BTL mortgage may be given a ground 2 notice but note the key word NOTICE, which is not the same as bailiffs unexpectedly on the doorstep!Franklee- I think you misunderstood. No one said a tenant shouldn't find out if the LL has permission to let out his property.
Ah that's good I thought you and thesaint were.But, psychologically, he should find this out from the letting agent not the landlord.
Is the OP using an agent? lsjhoa's post doesn't say. If there is an agent then lsjhoa may not even meet the landlord so of course the agent is the person to ask. But if there isn't an agent then they can't be asked!A landlord, unless there is already a mutual regard for each other, will potentially have a negative reaction and wonder what the tenant is up to.
Well he can ask why if he doesn't know and the tenant can explain.0 -
Well if you had read the links you would see that BTL mortgages make the tenant's position different again. BTL mortgages are designed for letting so in that case you wouldn't need permission but could simply indicate that it is a BTL mortgage. Presumably there would be some bit of paper that had the mortgage name/type on that isn't your statements that you understandably wish to keep private.
The point I am making is even with a BTL mortgage, a tenant would still be evicted by a court and removed by bailiffs.
Land registry online takes minutes, most useful for checking the landlord's name and address as we all know is essential to get right from eagerlearner's thread. No one recommended the home office but if the landlord resides abroad then the tenant needs to consider how they'd get their deposit back.
Land registry online may or may not contain the landlords address, whether the landord is the owner of the property is another matter.
Well you could try reading the links I gave, the tenant on a BTL mortgage may be given a ground 2 notice but note the key word NOTICE, which is not the same as bailiffs unexpectedly on the doorstep!
So a tenant would be evicted then, valid AST or not.
Do bailiffs just turn up out of the blue and throw people out on the streets? Having worked for the local council housing dept and two housing associations i've never heard this as a reason for someone presenting themselves as homeless.
Tenants can ask whatever they like, when they are sleeping in a doorway on the high street they will come around to my way of thinking.Well life is harsh, hug me don't reject me.0 -
The point I am making is even with a BTL mortgage, a tenant would still be evicted by a court and removed by bailiffs.
The point I am making is there is a world of difference between being given proper notice to move out as the property is to be repossessed and having bailiffs unexpectedly on the doorstep. A recent case on landlordzone the tenant was only given 24 hours to leave.
http://www.landlordzone.co.uk/forums/showpost.php?p=41015&postcount=1Tenants can ask whatever they like, when they are sleeping in a doorway on the high street they will come around to my way of thinking.
If you can't see why being given proper notice matters, which the tenant would get if the landlord has permission to let such as a BTL mortgage or written permission for a normal mortgage, then I would not wish you to be my landlord. So the question has done it's job in weeding out incompatible tenants and landlords.0
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