HELP! Son's L/lady got repo court date!

morg_monster

There was a thread about that a couple of weeks ago, SN, where someone in the same situation was asking if they should go to court. I seem to remember the final consensus being "don't count on getting a chance to say anything, and hearing may only last a couple of mins, but nothing ventured nothing gained...".
will go and see if i can find it. sadly i expect i won't be successful - searching for "repossession landlord" probably throws up a couple of thousand threads these days!

Found it, I think;

http://forums.moneysavingexpert.com/showthread.html?t=853249

franklee

Hi Florian, Thank you for a very informative post . I hope it lays to rest some of the wives tales from some of the landlord forum regulars who seem to think consent to let from the lender doesn't matter! Lets hope those regulars listen to you and some of the circular arguments can now stop.

PS I have posted about the case if the the tenancy existed prior to the inception of the mortgage before also and not been listened to.

silvercar

Its about time lenders issued a verifiable document that landlords could show to tenants and letting agents as proof that the lender has consented to let.

At the moment it is impossible for a tenant to check this out. They could find the lender from the land registry, but the data protection act would prevent the lender giving any information out.

redcar_2

silvercar wrote: »

Its about time lenders issued a verifiable document that landlords could show to tenants and letting agents as proof that the lender has consented to let.

I was just wondering this. Is there something you can ask to see? If the LL wrote to the lender to inform them they want to rent wouldn't there be at least some confirmation of this?

franklee

silvercar wrote: »

Its about time lenders issued a verifiable document that landlords could show to tenants and letting agents as proof that the lender has consented to let.

At the moment it is impossible for a tenant to check this out. They could find the lender from the land registry, but the data protection act would prevent the lender giving any information out.

It's about time that something was done to sort this out, it is in the lender's interests also. Still there it is, no one gives a stuff about tenants over this issue.

I try to check out prospective landlords as much as I can. One certainly didn't seem that solvent from what I could discern about her business and when her properties were purchased, so I gave her a miss.

redcar wrote: »

I was just wondering this. Is there something you can ask to see? If the LL wrote to the lender to inform them they want to rent wouldn't there be at least some confirmation of this?

Well they did say for the tenant to ask the lender on moneybox, which I admit seems optimistic as I'd guess the lender wouldn't be that happy to answer. But if I thought it would help I'd try anyway, nothing ventured ...

http://news.bbc.co.uk/1/shared/spl/hi/programmes/money_box/transcripts/06_11_13.txt

Worth reading all the first question and answer extract:

DUGGLEBY: Right, well you and also an e-mail on similar lines from Jonathan in Taunton, so we’ll couple his query, which is very similar. He just adds to that, ‘How do I check in advance that there isn’t a mortgage, so at least I know where the landlord is potentially standing?’ Marveen?

SMITH: Well if you want to check in advance, it’s very easy to check with the Land Registry. I believe it costs about £2. You can do it online and find out if there is a mortgage and then perhaps get a letter from the lender saying that they’ve given consent.

clutton_2

data protection wil not allow a lender to provide any information to a third party about their clients mortgages

having checkout some of my mortgage docs lately, none of them actually say "this is a buy to let mortgage" - so i dont know if such a document exists which would prove a right to let

redcar_2

I've not done this but what I thought was a bad sign is if it has the LL as living at the rental addresss. It should have the mortgagee as living elsewhere.

Clutton on your rented properties (with lender agreement) are you shown in this way or what does it say?

franklee

Course there's nothing stopping the landlord writing to the lender asking for a confirmation of consent to let letter that can then be passed on to the tenant That's something the agent could ask the landlord to do or the tenant could ask if going direct. It would need to be fairly up to date, so one every change of tenants would be ideal. I don't know why landlords object, it shouldn't be that hard, it's just one simple letter

clutton_2

on all my BTL mortgage corespndence - all letters come to my home address.

When lenders write to me, you would be amazed how many Lenders dont specify the address of the property they are writing to you about - merely an account number - so - thats not much help really

floss2

MoneySavingSpender wrote: »

......
As for your last comment about the LL being "twitchy" may I be arrogant enough to assume we have learned to trust our instincts now?.....

When you know that the tenants are 3 19/20yr old students, who are told by the landlady that she has had 2 previous potential tenants back out in the days before signing the agreement, you might be able to understand the comment about her being "twitchy". They have no practice of trusting instincts at that age, with no experience of the London renting game (all previous rental experience has been in Leeds or Warrington where things don't move quite so quickly).

As an update, they have picked the tenancy agreement apart, and have contacted the agents to request:
1. Confirmation of deposit scheme details
2. Confirmation that l/l has permission from lender to rent out the flat
3. Confirmation that l/l no longer in arrears with lender
& to state that without these confirmations no rent will be paid.

Thanks for all the advice & comments - it's hard allowing your kids to grow up & sort out their own problems without wanting to take over & do it for them!