My landlord has lost his case at the possession hearing

Incisor

Debt_Free_Chick wrote: »

Doesn't the lender step in to take the place of the LL?

Good question. If the Lender takes responsibility, then the lender should be paid. Hence withhold the money and put it into an account. If the Lender takes the place of the LL, then money paid to the LL should be due to the Lender, and if the LL has been repo'd, you can be sure the LL will not forward it to the Lender and probably wouldn't return it.

I guess it's semantics at the end of the day as it sounds like the LL didn't have the lender's permission to let. If they had, then the lender would be a "co-Landlord"

Just wanted to be sure that the OP wouldn't be adding fuel to fire by witholding the rent

This is not withholding in the sense of 'This house has been without a front door or a cooker since march and we are withholding', it is withheld in the sense of we are keeping it safe to pay to the person who is right and proper LL.

Debt_Free_Chick

Incisor wrote: »

Good question. If the Lender takes responsibility, then the lender should be paid. Hence withhold the money and put it into an account. If the Lender takes the place of the LL, then money paid to the LL should be due to the Lender, and if the LL has been repo'd, you can be sure the LL will not forward it to the Lender and probably wouldn't return it.


This is not withholding in the sense of 'This house has been without a front door or a cooker since march and we are withholding', it is withheld in the sense of we are keeping it safe to pay to the person who is right and proper LL.

Thanks for all that. Just conscious that others might rely on what's in this thread and think that witholding the rent is justified ... when in certain situations it's clearly not.

Thanks for the clear explanation :T

shortcake01

Thanks for all your advice. If I could get the mortgage company to actually talk to me I might be able to get some clarification as to whether they are going to honour the contract or turf me out! Ive been advised by Shelter not to stop paying rent as then I could get sued and it will also affect my ability to rent future properties. What I have started doing is paying it in stages throughout the month so I am never too far ahead with my rent.
I have found another property but have been told by the letting agents that should I move out before my contract ends I am still liable for the remainder of the rent and this stands until I receive an eviction notice.

Incisor

shortcake01 wrote: »

... I have found another property but have been told by the letting agents that should I move out before my contract ends I am still liable for the remainder of the rent and this stands until I receive an eviction notice.

Get it in writing - and also confirmation that notice is 2 months which can only be given to run from a rent day. And confirmation that they are authorised to act for the repossessor. Write to request this and keep a copy, to have some basis for defending what you do.

Loretta

If the L/L no longer owns the house who should he pay rent to? if the lender won't speak to him what is he to do.

I woold definitely not pay it to the letting agent, there is enough said on here about them not knowing what they are doing!thery were acting for the L/L who is no longer the l/l and not the lender so I don't think they have any right to be collecting rent and it may even be illegal for them to do so

. I would write to the lender, recorded delivery, and say that you understand that the house has been repossessed but you are not sure. You have tried to speak to the lender but they ave refused to speak to you or tell you what is going on. You are very keen to pay the rent but as you don't know who to pay the rent to you are going to put it in a seperate account so that it will be available for them should they want it in the future. I think that you would cover yourself then. You are not witholding the ent you just don't know who to pay it to but you are willing to pay it to the right person

However the lender is going to want you to go and very soon so I should concentrate you efforts on trying to find somewhere else to live as soon as possible and look after yourself in this situation

And stop listening to the letting agent, it's nothing to do with them now

DawnW

To the OP: can I suggest you contact Shelter with your problem, and they will be able to give you the correct, legal advice.

Colincbayley

There is one major question that you need the answer to.

Does your LL have a buy-2-let mortgage?

If yes, then the lender will have to honor your tenancy agreement as they will take over as your LL.

If not, then you can be asked to leave the property with very little ( Even 14 days ) notice. You would then have to pursue your LL for breach of contract ( Very little hope of ever seeing any money from him )

Do everything you can to find out what type of loan the LL has ( Buy -2 let or residential )

Good luck.

stevetodd

ad9898 wrote: »

Another BTL !!!!!!, over leveraged, greedy and taking another tenant with them. Legislation should be bought in to stop these people recking peoples lives for a fast buck, they should be heavily fined and banned for life of ever taking out a BTL loan again.

Stop paying your rent. Good Luck in finding somewhere else.

I don't think there is much point in trying to fine someone who has gone skint. But hopefully when licensing comes in defaulting in this way would be a serious obsticle to keeping a license or getting one in the first place if something like this is in someone's credit history.

silvercar

You can download the deeds from land registry for £3.

If the registered address of the owner is different to that of the property then it was a BTL mortgage.

If they are the same then either it was a residential mortgage for which the landlord may or may not have had consent to lease or it was originally lived in by the landlord and he may not have notified the registry of his new address. You won't know if it was BTL mortgage or not.

IT_nerd

Buy it at auction when it goes up.
As long as you're there it will have to be sold with tenant which in most cases will lower the price. So you'll get a bargain..
Might work.