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Rental property is being repossessed - Do I have to stay until the bitter end???
Comments
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I'm afraid the property was 'available to let'. The terms of the owner/landlord's mortgage contract are totally separate from the tenancy agreement.
If the mortgage lender did not give permission for the property to be rented out, then the letting agent has taken money by deception.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: »If the mortgage lender did not give permission for the property to be rented out, then the letting agent has taken money by deception.
Are you suggesting that the LA has committed criminal activity? Some analysis of your suggestion would be illuminating.0 -
I think that you need to persuade these Letting gents to do the decent thing and find you somewhere else to live, as soon as possible, otherwise you will write to your local paper and tell them what is happening. The Agents should have checked that your Landlord had the building society's permission to let to you, what else do they do for heaven's sake, and embarrass them into helping you and no more nonsense about credit checks etc, you have not been able to have any peace and quiet while living here with all this worry, bailiffs and everything else. I hate to make this worse but I think you will find that possession will be granted on the court date and that the building society have no responsibility to you at all and you will be lucky if you get 7 days to move, your tenancy agreement is not worth the paper it is written on, please phone Shelter and get some advice from the experts because I don't think your Agents have any idea at all what they are talking about. Please let us know what happensLoretta0
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If the tenant asked the letting agent "Has the landlord got a mortgage, and if so has he got permission to rent the property out?" and the letting agent replied (preferably in writing to avoid misunderstanding or dispute over who said what) "Yes he has a mortgage and yes he has permission to let", but it then transpiredMissMoneypenny wrote: »If the mortgage lender did not give permission for the property to be rented out, then the letting agent has taken money by deception.
a) that this was not true AND
b) the letting agent had known it was not true (bearing in mind the LL may have misled the LA)
THENthe letting agent has taken money by deception0 -
Are you suggesting that the LA has committed criminal activity? Some analysis of your suggestion would be illuminating.
Letting agent takes money for renting a property when consent has not been given by the mortgage lender, for that said property to be 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 -
Hi all
Thank you so much for all of your responses so far. Court date is on the 9th in 2 days time and in order to attend I have had to ask to be made party to the hearing. I have found somewhere else to live and have a moving date of September 25th. My rent is due on the 19th of September but i had intended to notify the court that I will be holding on to the 5 days rent to partially cover the reference checks I've had to have done, the inventory check costs and my removals. I will still be approximately £500 out of pocket but it's better than nothing. HOWEVER, the letting agents are saying that they won't return my full deposit unless my rent is up to date on my day of departure.... Is there any point in holding on to the 5 days rent and risk my deposit being returned late or should I just bite the bullet and pay it? The rush over my deposit is that it's need for the new property as I've had to borrow the money for the deposit for the new place....0 -
MissMoneypenny wrote: »Letting agent takes money for renting a property when consent has not been given by the mortgage lender, for that said property to be let.
I think you need to read s.1 Fraud Act 2006. What you have described is not actually a criminal offence.0 -
Well... I attended Court today and the LL didn't turn up so a repossession order has been granted. I have found somewhere else to move to on September 25th and my official moving out date is October 9th. I was concerned that I would have to pay rent on both properties until the eviction notice but the Judge thought I was mad to even consider paying any more rent!!
Judge also commented that because the LA hadn't asked to see official confirmation from the LL that he had permission to let, they were liable and could be subject to civil action from me. I won't be pursuing it but it's a nice to know for the future....0 -
Fantastic outcome! Good for you. Here's hoping that you'll see the return of your deposit tout suite.0
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Really glad to hear it all worked out :beer: Thank you for letting us know how you got on, many OPs don't. The judge's comments are very interesting and hopefully the comment about the letting agent will assist in their being helpful with your deposit return!0
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