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Govt Reneges on help for Tenants in LL Repossession Cases
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tbs624
Posts: 10,816 Forumite
Shelter and Crisis have jointly condemned the Goverment for failing private tenants by not including legislation in the Financial Services and Banking Bill which would have helped to protect them when their LLs properties are repossessed because of mortgage arrears.
This is in spite of repeated pledges that action would be taken to ensure that Ts had at least 2 months' notice before being made to leave their home.
See here
Anyone "feel a letter/email coming on"? http://www.theyworkforyou.com/mps/
This is in spite of repeated pledges that action would be taken to ensure that Ts had at least 2 months' notice before being made to leave their home.
See here
Anyone "feel a letter/email coming on"? http://www.theyworkforyou.com/mps/
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Comments
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Just a bump in case anyone affected may like to let Mr Brown et al know their personal views on/experience of this one.
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Shelter and Crisis have jointly condemned the Goverment for failing private tenants by not including legislation in the Financial Services and Banking Bill which would have helped to protect them when their LLs properties are repossessed because of mortgage arrears.
This is in spite of repeated pledges that action would be taken to ensure that Ts had at least 2 months' notice before being made to leave their home.
See here
Anyone "feel a letter/email coming on"? http://www.theyworkforyou.com/mps/
Thanks for that tbs.
I'll write again, but I feel it is a waste of time with this present government. Last time my (Labour) MP wrote to the relevant government minister about this, he wrote back saying.......... they had to be fair to landlords
It might be better to keep hammering Shelter and the CAB as they will collectively, have a stronger voice? At least, until after the election when this useless government are 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 -
And from CAB:
But the charity regretted that the Bill does not include measures to ensure private tenants get reasonable notice of eviction where their landlords are being repossessed for mortgage arrears which it hopes the Government will find a way to rectify before the Election.
http://www.citizensadvice.org.uk/press_200911190 -
Sigh, so they fail to address probably the only big remaining black hole in LL/Tenant legislation.
Of course now that the government (and ultimately us) effectively own the banks this decision should not surprise us. It will be a non-starter until the have been re-privatised and mortgage lending is not at sub-par levels.0 -
Well done TBS..you are quite correct in your motives... however I fear Mr Brown ain't gonna notice nor do nuffink...
Cheers!
Lodger0 -
There seems to be some confusion here. AFAIK if the landlord is in arrears on a BTL mortgage, the lender has to honour the existing tenancy( ie a two month notice period applies). It is only if the tenancy is unauthorised (LL does not have permission to let), that the courts have been granting immediate eviction.
I have been hoping that one of the homeless charities would pick a test case to take criminal proceedings (fraud) against the LL and seek recovery of rent paid from both the LL and lender using civil proceedings.
Rather than moan about the situation, the above course of action is available.0 -
A test case or fraud wouldn't work. You would certainly have no claim against the lender. You may win against the LL, but almost by definition no damages can be obtained from a presumably bankrupt individual. So retrospective civil cases would prove no penalty or deterrent.
Fixing the problem is not straightforward unfortunately, as reducing the right of a bank to repossess a non-BTL mortgage would undermine the entire principle of mortgages; highly rated collateral. And how to guard against bogus tenancies?
One thing that would help is for the land registry, which already records mortgage data, to publish permission to let data. The biggest problem as a tenant is not so much the eviction but never being able to establish the truth of the risk in the first place or have a right to understand the situation from the courts or lender, who will communicate only if you are lucky.0 -
Where's the "confusion" Roger196? What's troubling you?There seems to be some confusion here. ..
Many of us don't view Ts who find themselves on the smelly end of the stick in these cases as "moaning". The Government has repeatedly spouted an "intention" to address this one since early on in the year and has now failed to do so.AFAIK if the landlord is in arrears on a BTL mortgage, the lender has to honour the existing tenancy( ie a two month notice period applies). It is only if the tenancy is unauthorised (LL does not have permission to let), that the courts have been granting immediate eviction.
I have been hoping that one of the homeless charities would pick a test case to take criminal proceedings (fraud) against the LL and seek recovery of rent paid from both the LL and lender using civil proceedings.
Rather than moan about the situation, the above course of action is available.
In many of these cases the poor old T has coughed up his/her rent money on the due date, month in and month out, only to get dumped on by the LLs greed/incompetence/ignorance.
Why do you think that the Lender should be obliged to repay rent to the T? The Lender's contract is with the Mortgagee and it is the Mortgagee who has (a) failed to obtain appropriate consent/change of mortgage product and (b) failed to meet his mortgage repayments.0 -
I have been hoping that one of the homeless charities would pick a test case to take criminal proceedings (fraud) against the LL and seek recovery of rent paid from both the LL and lender using civil proceedings.
Rather than moan about the situation, the above course of action is available.
Not sure they could seek recovery from the lender, but might have a case against a letting agent and the landlord? Letting agent for saying it was available to let, when they didn't check the LL had consent to let. I quite like the idea that someone posted, that the LL might have a case of fraud to answer as the LL has to allow their tenant quiet enjoyment and by not having the lenders consent, their contract is fraudulant.
I quite agree about one of the charities taking some action instead of words. This government are too self absorbed/spineless, to do anything.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 -
You only have to read this Board to realise that hard working families and their young children have very little security of tenure if their landlord does not have permission to let.
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