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Renting my house/changing to buy-to-let? And getting a 2nd Mortgage!

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  • seraphina
    seraphina Posts: 1,149 Forumite
    Part of the Furniture Combo Breaker
    grey_lady wrote: »
    'It's important to let your bank know because if you let without permission, the tenancy agreement is null and void, and the bank can kick your tenants out whenever they so choose.' - I dont think that's true, they would have to go to court and the tenant would get notice. Also I think the bank would rather the mortgage got paid, than go to the expense of repoessing and not getting the mortage paid. Banks tend to care more about making money than losing it, they would probably just make you go onto a higher rate.

    Err, that's the whole point. If the LL doesn't have permission, any tenancy is null and void and tenants can be removed with no notice...No valid tenancy agreement, no notice to move out!
  • grey_lady
    grey_lady Posts: 1,047 Forumite
    'Err, that's the whole point. If the LL doesn't have permission, any tenancy is null and void and tenants can be removed with no notice...No valid tenancy agreement, no notice to move out!'


    Show me some examples then, because I've only known tenants being evicted after a court case when the landlord has not been paying the mortgage and the lender has repoessed the property.
    Snootchie Bootchies!
  • beecher2
    beecher2 Posts: 3,677 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    grey_lady wrote: »
    'Err, that's the whole point. If the LL doesn't have permission, any tenancy is null and void and tenants can be removed with no notice...No valid tenancy agreement, no notice to move out!'


    Show me some examples then, because I've only known tenants being evicted after a court case when the landlord has not been paying the mortgage and the lender has repoessed the property.


    http://property.timesonline.co.uk/tol/life_and_style/property/article5980937.ece
  • grey_lady
    grey_lady Posts: 1,047 Forumite
    Ok so the lady in the article hadnt actually been asked to leave by the bank, but she knew they were trying to contact the landlord and if they couldnt they were going to go for a posession order.

    Which implies that the landlord hadnt been paying the mortgage. Which is what I mentioned I've heard of happening in my previous post.

    Going for a posession order would mean that the tenant would have at least 6 weeks notice which isnt to different from the usual 2 months notice that a landlord can give, not quite the same as being thrown out on the street with no notice, which is what your saying happens regularly.

    The article then contradicts itself saying 'unfortunately they are being
    asked to leave their homes in the same way as your daughter has been.'
    But the daughter hasn't actually been asked to leave, according to the first paragraph she'd just been informed that the bank might go for posession if they couldnt contact the landlord. (And asked to leave via a possession order is different to being thrown out without notice).

    The title paramount Pope v Briggs (being asked to leave by the bank without notice - caselaw?) I wasnt aware of, but the article doesnt give any examples of that being applied apart from the original Pope v Briggs
    1989 case and after googling I cant find any examples of that being applied. But please post a link if you can.

    A tenant is always taking the risk that the landlord wont pay the mortgage whether they have permission to let or not doesnt affect that, if the mortgage doesnt get paid for long enough then eventually the lender will move to repossess and this will happen with notice given to the tenant. (Although they might be able to stay in the property a while longer if the lender had given their permission to let).
    Snootchie Bootchies!
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    grey_lady wrote: »
    Ok so the lady in the article hadnt actually been asked to leave by the bank, but she knew they were trying to contact the landlord and if they couldnt they were going to go for a posession order.

    Which implies that the landlord hadnt been paying the mortgage. Which is what I mentioned I've heard of happening in my previous post.

    Going for a posession order would mean that the tenant would have at least 6 weeks notice which isnt to different from the usual 2 months notice that a landlord can give, not quite the same as being thrown out on the street with no notice, which is what your saying happens regularly.

    The article then contradicts itself saying 'unfortunately they are being
    asked to leave their homes in the same way as your daughter has been.'
    But the daughter hasn't actually been asked to leave, according to the first paragraph she'd just been informed that the bank might go for posession if they couldnt contact the landlord. (And asked to leave via a possession order is different to being thrown out without notice).

    The title paramount Pope v Briggs (being asked to leave by the bank without notice - caselaw?) I wasnt aware of, but the article doesnt give any examples of that being applied apart from the original Pope v Briggs
    1989 case and after googling I cant find any examples of that being applied. But please post a link if you can.

    A tenant is always taking the risk that the landlord wont pay the mortgage whether they have permission to let or not doesnt affect that, if the mortgage doesnt get paid for long enough then eventually the lender will move to repossess and this will happen with notice given to the tenant. (Although they might be able to stay in the property a while longer if the lender had given their permission to let).

    So when you take your car into a garage for its annual service. You expect the garage services to be diligent and perform their obligations. You do not expect your car to break down before the next service.

    So why should a tenant have to worry that they may not be able to stay in residence for the duration of a tenancy even longer.

    Your attitude seems to be short term and focused on making money. Rather than finding a good long term tenant who may may rent for a number of years, which makes for a mutuallt beneficial relationship. In business I know which is preferable.
  • grey_lady
    grey_lady Posts: 1,047 Forumite
    edited 19 March 2010 at 1:24PM
    "So when you take your car into a garage for its annual service. You expect the garage services to be diligent and perform their obligations. You do not expect your car to break down before the next service."

    Of course I do, cars break down all the time due to non-servicable items and even it was a servicable item, i doubt very much that I'd have redress with the garage unless there was clear negligence. If I walked into a garage and asked them if they planned on being diligent enough to make sure that my car wouldnt break down before its next service was due, what do you think they would say? once they stopped laughing at me I guess they'd say something along the lines of we'll do our best but no guarentees.

    So why should a tenant have to worry that they may not be able to stay in residence for the duration of a tenancy even longer.
    It's just something that can happen wether or not their landlord has permission to let. E.gsome landlords may have permission to let and still choose not to pay their mortgage, some landlords may decide or be forced to sell and evict their tenants for other reasons, e.g divorce. This is the real world and unfortuantely there are unscrupulous people out there just as there as excellent landlords. If it were me of course I'd rather deal with (and be) the latter kind.

    'Your attitude seems to be short term and focused on making money. Rather than finding a good long term tenant who may may rent for a number of years, which makes for a mutuallt beneficial relationship. In business I know which is preferable.'
    Have I said anything about not finding a good tenant? I dont think so.
    Am I focused on the short-term, possibly - the OP was asking about a short term situation. Making money, saving money - is there something wrong with that? this is the MSE website.
    Snootchie Bootchies!
  • VIGILANT22
    VIGILANT22 Posts: 2,516 Forumite
    Quote....this is the MSE website.

    exactly correct and not for people posting how to deceive lenders.......
  • Dan_1976
    Dan_1976 Posts: 943 Forumite
    OMG, grey_lady, its wrong and its now taken more seriously than ever, now drop it!

    OP: ASk you lender for permission, if they say no, then get a broker to help you. Lots of threads, stickys included about getting a broker on MSE.

    The second point, I think a few lenders will still lend of this, but you will need a good deposit. Going direct without a broker HSBC may help with the phd.

    I have a friend who got a mortgage when she was doing her's. Then she got a load funding for her own lab! She must have a magic touch!
    "Banking establishments are more dangerous than standing armies." Thomas Jefferson
    "How can I believe in God when just last week I got my tongue caught in the roller of an electric typewriter?" Woody Allen

    Debt Apr 2010 £0
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