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  • FIRST POST
    • turnbull21
    • By turnbull21 12th Oct 16, 2:01 PM
    • 19Posts
    • 2Thanks
    turnbull21
    Illegal Tenancy
    • #1
    • 12th Oct 16, 2:01 PM
    Illegal Tenancy 12th Oct 16 at 2:01 PM
    ...................................
    Last edited by turnbull21; 12-10-2016 at 2:45 PM. Reason: ...............................
Page 1
    • Pixie5740
    • By Pixie5740 12th Oct 16, 2:06 PM
    • 8,872 Posts
    • 11,889 Thanks
    Pixie5740
    • #2
    • 12th Oct 16, 2:06 PM
    • #2
    • 12th Oct 16, 2:06 PM
    The tenancy won't be illegal. You have breached the T&C of your mortgage though so potentially Woolwhich could ask you to repay the entire mortgage although that would be quite extreme. They might just hike your rate up or ask you to evict the tenant which you won't be able to do without a mutual surrender and will no doubt cost you a pretty penny.

    Is there anything else you might have forgotten to do as a new landlord? Gas safety certificate, landlord insurance, right to rent book, deposit protection?

    See Tenancies in England/Wales: A Guide for Landlords and Tenants
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • G_M
    • By G_M 12th Oct 16, 2:07 PM
    • 37,080 Posts
    • 41,030 Thanks
    G_M
    • #3
    • 12th Oct 16, 2:07 PM
    • #3
    • 12th Oct 16, 2:07 PM
    You have rushed into this tenancy without knowing what you can/cannot do.

    What else have you not done?

    Read:

    * New landlords: advice, information & links

    I suspect the mortgage may be the least of your problems!

    What will the lender do? Probobly wack up your mortage interst rate. In theory they might call in the mortgage ie make you repay it in full which I assume would mean you'd have to sell the property.

    Difficult to sell with a tenant on a 12 month contract........
    • cjdavies
    • By cjdavies 12th Oct 16, 2:08 PM
    • 1,728 Posts
    • 1,411 Thanks
    cjdavies
    • #4
    • 12th Oct 16, 2:08 PM
    • #4
    • 12th Oct 16, 2:08 PM
    Nothing to do with being honest with the lender.

    RENTING? Check your LL has permission to let that property:
    http://forums.moneysavingexpert.com/showthread.php?t=1377883

    Also may I suggest:
    Letting out your property? Top Tips from the Forum
    http://forums.moneysavingexpert.com/showthread.php?p=41155280#post41155280

    A Tenant's guide to renting:
    http://forums.moneysavingexpert.com/showthread.php?t=937335
    • turnbull21
    • By turnbull21 12th Oct 16, 2:18 PM
    • 19 Posts
    • 2 Thanks
    turnbull21
    • #5
    • 12th Oct 16, 2:18 PM
    • #5
    • 12th Oct 16, 2:18 PM
    ...................................
    Last edited by turnbull21; 12-10-2016 at 2:45 PM. Reason: .................................
    • Pixie5740
    • By Pixie5740 12th Oct 16, 2:19 PM
    • 8,872 Posts
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    Pixie5740
    • #6
    • 12th Oct 16, 2:19 PM
    • #6
    • 12th Oct 16, 2:19 PM
    What about the rest of the things you need to provide? Does the freeholder permit subletting? Does your contents insurance cover you as a landlord?
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • turnbull21
    • By turnbull21 12th Oct 16, 2:20 PM
    • 19 Posts
    • 2 Thanks
    turnbull21
    • #7
    • 12th Oct 16, 2:20 PM
    • #7
    • 12th Oct 16, 2:20 PM
    ........................................
    Last edited by turnbull21; 12-10-2016 at 2:45 PM. Reason: .....................................
    • turnbull21
    • By turnbull21 12th Oct 16, 2:21 PM
    • 19 Posts
    • 2 Thanks
    turnbull21
    • #8
    • 12th Oct 16, 2:21 PM
    • #8
    • 12th Oct 16, 2:21 PM
    .......................................
    Last edited by turnbull21; 12-10-2016 at 2:45 PM. Reason: ...............................
    • G_M
    • By G_M 12th Oct 16, 2:23 PM
    • 37,080 Posts
    • 41,030 Thanks
    G_M
    • #9
    • 12th Oct 16, 2:23 PM
    • #9
    • 12th Oct 16, 2:23 PM
    Evict a tenant with a 12 month contract?

    * is there a Break Clause in the contract? What is the wording?

    * if not, you can only ask the tenant to surrender his tenancy early - he might refuse, or ask you to pay his costs as a condition of agreeing.
    • G_M
    • By G_M 12th Oct 16, 2:23 PM
    • 37,080 Posts
    • 41,030 Thanks
    G_M
    Does anyone think they will give the exemption to let?
    Originally posted by turnbull21
    How can we know?

    We've already suggested what might happen!
    • Browntoa
    • By Browntoa 12th Oct 16, 2:24 PM
    • 30,271 Posts
    • 35,823 Thanks
    Browntoa
    I have contents insurance and the building insurance is covered with the maintenance company (the flat is leasehold), and its all electric, so no gas safety certificate is needed.
    Originally posted by turnbull21

    your contents insurance does do cover tenants
    I'm the Board Guide of the Referrers ,Telephones, Pensions , Shop Don't drop and Discount Code boards which means I'm a volunteer to help them run smoothly and I can move and merge posts there. However, please remember, board guides don't read every post. If you spot an inappropriate or illegal post please report it to forumteam@moneysavingexpert.com Any views are mine and not the official line of MoneySavingExpert.
    • G_M
    • By G_M 12th Oct 16, 2:27 PM
    • 37,080 Posts
    • 41,030 Thanks
    G_M
    I have contents insurance and the building insurance is covered with the maintenance company (the flat is leasehold), and its all electric, so no gas safety certificate is needed.
    Originally posted by turnbull21
    * Is that landlord's contents insurance?

    * does the buildings insurance cover tenants? It would need to be a landlords policy. Did you check?

    * does your lease permit letting?

    Since 1/10/15, new tenants must receive the 'Prescribed Information':
    * government leaflet "how to rent"
    * EPC

    * Gas Safety Certificate if there's gas
    * smoke detectors on each floor
    * CO alarm if there's solid fuel heating.

    * did you take a deposit? And if so, did you protect it within 30 days?

    * I assume you've considered tax?

    Have you read the links?

    * New landlords: advice, information & links


    Last edited by G_M; 12-10-2016 at 2:30 PM.
    • Pixie5740
    • By Pixie5740 12th Oct 16, 10:05 PM
    • 8,872 Posts
    • 11,889 Thanks
    Pixie5740
    How rude! Here's the OP.


    Hi,

    I have a mortgage with Woolwich (Barclaycard), and have done for the last 4 months. My scenario with work has now changed and I have now been relocated, and I have moved in a tenant under a 12 month contract and have found a new place to live (rented accomodation).

    Being an honest person, I called the mortgage company to let them know of my change of circumstances, and that I have a tenant moved in etc.

    They stated that under their terms and conditions, the minimum criteria for them to be able to offer an exemption to let is that there are no arrears (no problem) and that the account is more than 6 months old (mine is 4 months).

    I told them that my tenant has signed a 12 month contract, and that there is no chance of me being moved away for more than 12 months, where I will then be back to reoccupy the flat. They said that it will be passed on and reviewed by their team who will be in touch within 3 days.

    They used the term 'illegal tenancy' which I don't like as I could quite easily have gone under the radar and done it for a year, but it now seems as if I will now be penalised for being honest!

    My question is, what do you think my chances are of them being kind and giving me the exemption to let for 12 months?

    If not, what will happen next? I am seriously worried now, so some reassurance wouldn't go a miss!

    Any help or advice would be appreciated.

    Thank you
    Originally posted by turnbull21
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • G_M
    • By G_M 12th Oct 16, 10:51 PM
    • 37,080 Posts
    • 41,030 Thanks
    G_M
    Jeez! You provide useful and (though I say it myself!) accurate information to someone and they go off in a huff because it's not the answer they wanted or hoped for......

    Thanks for the record pixie - always wondered how you dig out deleted posts though?
    • Pixie5740
    • By Pixie5740 12th Oct 16, 11:05 PM
    • 8,872 Posts
    • 11,889 Thanks
    Pixie5740
    A Pixie never reveals her secrets*



    *Actually it's very banal. The webpage will be cached somewhere. If you search for the page using Google, Bing, any search engine of your choice then if it's been cached there will be a down arrow next to the link and voila!
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Davesnave
    • By Davesnave 13th Oct 16, 7:33 AM
    • 20,838 Posts
    • 83,745 Thanks
    Davesnave
    There was something this poster wanted to hide from the Woolwich even before they granted the mortgage, if you read back into their posts.

    Of course, like an illegal tenancy, it may have been nothing much......
    'Only the mediocre are always at their best.' Jean Giraudoux
    • turnbull21
    • By turnbull21 13th Oct 16, 12:53 PM
    • 19 Posts
    • 2 Thanks
    turnbull21
    Not at all. My original hold up was due to the management company not releasing their yearly statements and insurances etc to the solicitors, which you would have seen if you snooped properly, but thanks for your concern...

    I removed my statements as I got the answers I wanted and the issue has now been resolved. Thread can now be closed if need be.

    So I can now thank the people who gave the relevant links etc, of which I have now read up on and learnt a few things, so thank you.
    • turnbull21
    • By turnbull21 13th Oct 16, 12:55 PM
    • 19 Posts
    • 2 Thanks
    turnbull21
    No huff GM, as I just said, I got the answers I wanted, have read through the scenarios given and have learnt a few things, so thanks for your time.

    No need for the clique or little comments, I've always thanked people for answering questions I have asked.
    • csgohan4
    • By csgohan4 13th Oct 16, 1:00 PM
    • 2,596 Posts
    • 1,605 Thanks
    csgohan4
    No one forced forced you to relocate? No one forced you to do mortgage fraud

    Now that you have told the lender, they may very well put you on a blacklist, lenders do talk to each other you know

    http://www.nhunter.co.uk/

    Your not ready to be a LL, you didn't even know the basics such as types of insurance and what you signed when you got the mortgage.

    I hope you treat your tenants well for their sake.
    Last edited by csgohan4; 13-10-2016 at 1:06 PM.
    • turnbull21
    • By turnbull21 13th Oct 16, 1:04 PM
    • 19 Posts
    • 2 Thanks
    turnbull21
    Well I have had to relocate due to work, something I did not envisage, i'm sure I am not the only person this has happened to. I have spent 3 weeks out of the last 4 out of the country on work expeditions, but hey, lets all jump on the bandwagon and just abuse the OP?

    I asked an honest question, got sent some links, read up on what I was advised to and removed my comments as I found my answers, what exactly have I done wrong here?

    Not ready to be a LL? Sorry, do you know what insurances I have?
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