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    • dmo84
    • By dmo84 19th Aug 17, 11:13 AM
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    dmo84
    Worried about the shared house im in - We recieved a letter -No contact from landlady
    • #1
    • 19th Aug 17, 11:13 AM
    Worried about the shared house im in - We recieved a letter -No contact from landlady 19th Aug 17 at 11:13 AM
    HI all,

    Just a quick one, I have been living in a shared household in Cardiff with 2 or 3 other people for the past 3 years, its a private landlady who owned a few other properties in the area.

    I didn't have a tenancy agreement when I moved in, one a few others that have come/gone didnt, one has apparently.

    When I moved in I paid 1 months rent + one months rent bond. However after not getting a tennancy agreement and finding it difficult at times to get hold of said landlady, I held one months rent back.

    Long story short 3 years later, im still hear but looking to move in to my own property end of year (beginning of next), I need to get the ball rolling on this and start looking around etc.

    The landlady for this shared household has always been a pain to get hold of, we have not been able to get hold of her for the last 5-6 months, email, phone.

    Anyway, we have recieved a letter through the post from TLT Solicitors, on behalf of "Rooftop Mortgages"

    Stating the borrower (the landlady) and the property (that im in)

    "We act on Rooftop mortgages limited who hold a charge over the above property. Our client is currently investigating the present occupancy of the property. We wold be greatful if you would complete the enclosed questionnare and return it to us in the enclosed stamped address env.

    Please note that in requesting this information, our client shall not be deemed to have accepted or be bound by any rights of occupation you may have."


    The questionaair asks things like

    - Full name

    - Who else lives in property

    - Do you claim to have a tenancy of the property

    - If you do claim to have a tenancy, in whos name#

    - Is is it agreed for a period of time

    - Do you have written agreement

    - When did you first occupy

    - Have the terms changed

    - How much rent do you pay

    - How often do you pay

    - On what days of the month do you pay



    ====================

    Now I usually pay my rent end of the month (could be anytime after 25th - 30th) - It was originally discussed as all bills included, but it has an electric top up, to which we top up and take off rent, and the gas supply was switched over to top up, so we top that up and take it off rent also, so I top up gas/elec and pay her the remaining in rent.



    My question is - what should I do with this letter/questionnaire? It sounds like said landlady is in a spot of bother, I dont have anywhere to go at the moment, 2 people are moving out end of Aug, leaving me and one other, the other is leaving in Oct,

    I want to ensure that I have a place atleast to stay until I can find a place, get a mortgage sorted, and move out......

    Am I going to be at risk of being evicted?
Page 4
    • dmo84
    • By dmo84 23rd Aug 17, 8:44 AM
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    dmo84
    After a few months, her mobile is switched back on, managed to fire off a few emails to her over the past few days, and tried calling around 6-7 times yesterday.

    Finally got an email response from her.



    "Hi XXXXXXX

    I'll email you properly tomorrow, but please don't worry, and don't fill that form out either - you are under no legal obligation to do so and it's not in either yours or mine best interests to do so.

    I've had a lot of issues with this horrible lender over the years, which I'm finally getting the chance to sort now.

    I will let you know well in advance when/if you need to worry.

    I'll email you tomorrow, take care,"




    Not sure what to think weather its positive or not, I will wait to see if LL keeps word and sends the email to me today explaining.
    • itchyfeet123
    • By itchyfeet123 23rd Aug 17, 10:41 AM
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    itchyfeet123
    It may not be in your LL's interests for you to fill in the form. However, your interests and hers are not necessarily aligned.

    Given GM's comments earlier about the importance of establishing you have a valid tenancy, I would say it's in your interest to go out out.

    Nothing you've told us about the LL paints the picture of a reliable, responsible person. The version of events and likely outcomes your LL emails today may therefore not be a great basis for planning your next steps.
    • itchyfeet123
    • By itchyfeet123 23rd Aug 17, 10:42 AM
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    itchyfeet123
    *fill it out - can't edit easily on my phone.
    • dmo84
    • By dmo84 23rd Aug 17, 10:42 AM
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    dmo84
    So it could be that its best to still fill in the form and send back? I will see if she responds today as I want to see what is said.
    • aneary
    • By aneary 23rd Aug 17, 10:49 AM
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    aneary
    Fill it out put a stamp on it.

    Wait for the email if it sounds plausible hold fire on sending the form.

    If no email or it sounds like BS post the form.
    • 00ec25
    • By 00ec25 23rd Aug 17, 11:02 AM
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    00ec25
    you intend to move "shortly"

    naturally you would prefer not to have to move into an interim place because you have been forced out of where you currently are. You have a choice:
    a) don't fill in the form, hope that the lender does not obtain possession and evict you before you are ready to leave yourself, and/or that the LL does not kick you out anyway
    b) do fill in the form, hope that the lender does not obtain possession and evict you before you are ready to leave yourself, and/or that the LL does not kick you out anyway
    • deannatrois
    • By deannatrois 23rd Aug 17, 11:25 AM
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    deannatrois
    I'm not sure how it could harm the LL to have you fill out the form.., unless the mortgage company doesn't know she is letting rooms out and this might put the kybosh on any negotiations she may be trying to do. Or she may not. You just don't know.

    I can't think of a reason the mortgage company/assessors would have sent this form if she wasn't up to date with the mortgage. This means your rent is not going towards house costs, its going towards her costs.

    If she had a logical/no fault reason for the mess, I would assume she'd have sent it in her reply. The 'will explain tomorrow' message could be so she can think up an explanation that appeases her tenant so she gets more rent.
    • G_M
    • By G_M 23rd Aug 17, 12:15 PM
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    G_M
    What she means is
    I'll email you properly tomorrow, but please don't worry, and don't fill that form out either - you are under no legal obligation to do so and it's not in either yours or mine best interests to do so.

    I'll email you tomorrow, take care,"
    Originally posted by dmo84
    It is common for LLs in difficulties to either ignore and/or deny them.

    In some cases, for example, they just want to ensure the rent keeps coming to them until the last possible moment, even beyond a repossession hearing if the tenant is not aware that hearing has taken place and the bank is now the LL.

    Having said that, 24 hours will make a marginal difference. Give her the benefit of the doubt and see what explanation she provides tomorrow.

    If it is a weak explanation, or does not come at all, or you have any doubts, then send the letter:

    * it will do you no harm
    * it may well do you a lot of good
    * it may or may not be detrimental to the LL - but that is not your problem and should not be your concern.
    • patman99
    • By patman99 23rd Aug 17, 1:31 PM
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    patman99
    It does sound very much like the ll has not got with a btl mortgage, or permission to let the property.

    She has been awol for nearly six months, then suddenly becomes contactable again. That rings alarm bells with me.

    You mentioned earlier in that you had contacted both the solicitor and the lender. They will have noted that you called as a tenant, so whatever your ll tells them, they will already know she is renting out the property.

    As you mentioned that you like the area, if it turns out the lender is repossessing the property, and you have the money saved, why not negotiate to purchase the property from them?
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    • steampowered
    • By steampowered 23rd Aug 17, 1:49 PM
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    steampowered
    Personally, I would send the letter.

    However I wouldn't tell the landlord I had sent it.

    If the landlord sorts out her financial difficulties with the lender, that's great.

    But if the landlord does not sort this out, you want to be sure that the lender is aware of your occupation of the property, so that your tenancy gets taken into account.
    • dmo84
    • By dmo84 24th Aug 17, 10:53 AM
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    dmo84
    Other housemate is not back until sunday so I cannot get him to fill in the form until then, I will then submit it. It will give once last chance for a reply from the LL. I will email and call on a daily basis until then.
    • LadyDee
    • By LadyDee 30th Aug 17, 6:56 AM
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    LadyDee
    I wonder if the landlord had a mortgage with JP Morgan? Rooftop have taken over the mortgages and it is perfectly reasonable for them to ask for details of occupants, especially if the property is in an area of predominantly multi-occupancy houses, and this landlord hasn't declared it as such.
    • dmo84
    • By dmo84 30th Aug 17, 10:27 AM
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    dmo84
    =================================================
    =================================================

    Slight update:


    The questionaair was sent back last friday, so I dont think the Solicitors would have got it until yesterday, or today, however, yesterday we had received another letter from Solicitors.




    Letter
    ==========

    Addressed to the tennant or occupier:

    Dear Sir or Madam,

    We have been instructed to start re-possession proceedings relating to the above property. In accordance with the Civil prodecure rules. We are requirwed to notify you of the court hearing as you have an interest in the above property. The details are set out below.


    It includes:

    Claimant - Rooftop mortgages (details)

    Defendant: Land Lady Details

    Hearing: Details of the hearing - on 28th of September.


    Yours Faithfully (Solitors name)




    **My note: I have called the Solicitors and they say worst case it could be mid Oct or early nov if worst case and we are evicted, however we wont know anything until after the hearing.



    =================================================
    =================================================


    I have since tried to contact the landlady multiple times, at least this time she is responding quicker! see below, although I dont know how much I believe her in terms of "new person taking over" I am going to send her another email and see if I can get more info on this......



    ================================================== ======
    Landladies response to my email, asking whats going on again, after the second letter was recieved
    ================================================== ======



    Hiya,

    That's just a scare tactic letter, you can't be evicted, it hasn't even been to court yet! Only a Judge can make that decision!

    You also legally have to be given two months notice from the court hearing date - not now - this is exactly the kind of rubbish I've spent ten years dealing with them all the time - bully tactics.

    I've also got someone who wants to take over the houses (a lovely lady who already does property) so the arrears will be cleared and it won't even get to court, but they don't know that yet...

    Just ignore it as they can't do anything until the court date (of which they've also sent me a date in the post a week AFTER the date the tenants have been given - so I wouldn't have shown up in court!! This is exactly what I'm talking about!)

    They also refused to give me copies of the call agreeing the payment plan! Again - illegal.

    Anyway please send me a copy of that letter as it's illegal and I'd like to see it.

    I know it's hard but please don't panic - it will all be fine.

    The new lady is amazing and she will look after you all much better than I've been able too. But even if worst came to worst, you'd have two months notice and I will tell you that then.

    Hope that explains it all, and please send me a copy of the letter,

    Thanks

    Landlady


    ================================================== ===
    ================================================== ====


    What are peoples thoughts on this? is it likely that it could become a reposession, or is it likely LL is keeping her word and will have someone take over her? do I send her an image of the letter I have received?
    Last edited by dmo84; 30-08-2017 at 10:29 AM.
    • Out, Vile Jelly
    • By Out, Vile Jelly 30th Aug 17, 11:31 AM
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    Out, Vile Jelly
    How badly do you want to stay in the property? Enough to be piggy in the middle between a hard-to-contact LL and a faceless administrator?

    I wouldn't personally believe anything a potentially bankrupt LL says.
    They are an EYESORES!!!!
    • dmo84
    • By dmo84 30th Aug 17, 11:52 AM
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    dmo84
    Well at the moment, I want to try and stay in the property if I can, as I dont really want to jump to another house share at this point, I don't want to rent a whole property (not in my interest) and I wont have the time to look to get a mortgage in time.

    If I could stay in the property that would be beneficial, it will allow me time to get a mortgage sorted.


    Worst case is I will have to see what happens around the time of the hearing, and then find out whats happening, if its an eviction likely, then I will have to look for a new house share.


    If she is correct in saying someone else maybe taking over, then this could turn out to be a non issue, as its likely someone else will be better than her.
    • aneary
    • By aneary 30th Aug 17, 11:59 AM
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    aneary
    I would expect it to take longer than a month to sell the properties.

    I would have expected the LL to have received notice from the court and not the bank so not sure why she would have been given a date. If the bank had registered your interest prior to court proceedings you may have also received a letter from the court. As there is soon confusion a quick (although you will be on hold for ages) call to the court will actually confirm that there is a case being heard and on what date.
    • Lokolo
    • By Lokolo 30th Aug 17, 12:10 PM
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    Lokolo
    Just keep in mind that if hearing date is 28th September, and the property is then repossessed (someone confirm this happens at the hearing or whether there is another point), and you are then served your notice, you will be coming up to Christmas period.

    A lot slows down around then.

    What are your timescales on purchasing? Even making an offer today it would take until around November/December before you would complete.
    • dmo84
    • By dmo84 30th Aug 17, 12:31 PM
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    dmo84
    Looking at my own mortage application, its unlikely to be by Xmas put it that way, I need to do a lot of looking, a lot of reading, certainly isnt going to be until early next year.

    I will have to see what happens at this hearing


    =============================================
    I have sent another email to landlady in her response yesterday
    =============================================

    Hi XXXXXX (Landlady)



    Please see attached a copy of the letter (image), this is the latest one we received yesterday.


    I am aware that nothing can be done until the hearing, but then depending on the outcome, I need to have a backup plan as its left me in a bit of a sticky situation, if worst case happens, I want to know that I am not going to be evicted for atleast 2-3 months.


    You mention that someone else is taking over the property in terms of the Landlord/LandLady, could you give me more info on this?

    - When is this likely to happen?


    - Are they looking to take over and keep any existing tenants in?



    - Do/Will the solitors know this?



    -Do/Will the courts know this?


    - If no to the above two questions, when will they find out?



    - We will have an update from the Solitors if the new person does take over?


    - I guess if this happens, we will be protected, and not be evicted?


    - If this new person does not take over, when will we know this?



    Could you possibly get back to me on the above ?


    Thanks
    • dmo84
    • By dmo84 8th Sep 17, 12:57 PM
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    dmo84
    According to the solicitors, after me sending in proof of me paying 3 months rent to the landladies account, and also email confirmation from her of the set-up of this.

    The solicitors have said their client (rooftop mortgages) have declined any sort of extension if it comes to repossession order on the court hearing.

    IE I wont get a 2 month extension, apparently its 14 days, and they are classing me as an unauthorised tennant, even though I have chased several times for my tenancy agreement but never had one, legally I am a tennant though surely because I have been paying her rent, and also have email confirmation from her when I moved in. They said that to be a legal tennant I need written and signed agreement.


    Do I need to attend this court hearing end of sept? even though I probably wont be allowed in because of data protection on the mortgage etc.

    I was hoping worst case atleast 1 month! not 14 days!

    I don't even know whats happening yet....
    • CIS
    • By CIS 8th Sep 17, 2:51 PM
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    CIS
    They said that to be a legal tennant I need written and signed agreement.
    There's no law to say a tenancy has to be in writing - the problem is that without one in writing it can be difficult to prove the exact details. Solicitors tend to default to the premise of if it's not in writing, it didn't happen.

    If it came down to a dispute the court would have to decide if you had a legal tenancy or not.
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
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