RENTING? Check your LL has permission to let that property.

franklee

techno492 wrote: »

I then asked my Letting agent to confirm the consent to let.
The response I got was that the lanlord had given the letting agent consent to let the property and the letting contratct that the landlord has signed details their responsability to the morgage providor.
I asked again that I required a copy of a consent to let from the Morgage providor and the response was that as the agent isnt an ARLA registerd agent I should not ask for written consent !!
This gets me worried.
Does it look like they have something to hide ?
Why would the letting agent refuse to give written consent because they are not ARLA registerd.

They've no one to answer to? ARLA's line on this:

http://www.guardian.co.uk/money/2009/oct/25/tenants-landlords-references-renting-mortgages

"You can't legislate against a landlord going bust but you can at least manage the risk," reckons Arla spokesman Malcolm Harrison.

"For example, a good Arla agent will check the landlord's mortgage and insurance company have been informed the property is rented."

http://www.insidehousing.co.uk/StoryBlog.aspx?storycode=6503698

"Tenants need to check whether the landlord really does have the lender’s consent to rent and that check should also be a basic part of a letting agent’s service. However, as ARLA complains today, the recession has led to a flood of unregulated estate agents into the rental sector with little experience of the complex legislation. "

As the agent in your case isn't ARLA they don't need to care two hoots about ARLA's line, as the article says there are a a flood of unregulated agents.

franklee

Interview with Brian Iddon on You and Yours 21/01/2010, listen here, starts at 13:18 in:

http://www.bbc.co.uk/iplayer/b006qps9/Thursday/console

Estimated 325,000 households in the UK where the landlord doesn't have consent to let. Private member's bill due on 29th January. Also a piece from a tenant caught out by bailiffs arriving to change the locks. Brian reckons he has huge support for his bill. Will believe it when I see it, but good luck to him.

franklee

Yet another case, Tenant in a flat about to be repossessed?!:
http://forums.moneysavingexpert.com/showthread.html?t=2218583

gothmaz

I just posted this this afternoon in another thread, but I'm looking for some advice with working out what the land registry info tells me.

I've just printed off the landlady's property deeds from the Land Registry.
I was wondering if someone may be able to explain them to me?

Address of property: is my current address
Registered Owner: is landlady with my current address

There are no other addresses.

Under Proprietorship Register there is a restriction dated 10.01.2007 (she bought in 2003) that says: RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 5 January 2007 in favour of *mortgage company name*

What does all of that mean?!

Under charges register, there is this:

1. (02.04.2004) a registered charge dated 19 December 2004
2. (16.11.2007) Proprietor: *mortgage company name*
3. (10.01.2007) Registered charge dated 5 January 2007
4. (10.01.2007) Proprietor *mortgage company name*

I'm not sure what all of this means? Does she have consent to let? I know she told me they charged her to move the standing order date, could that be the charges? Although she told me she had it moved to coincide when I paid rent and I can't see a charge registered in the past year...

There is nothing on there since 2007.

Any info would be gratefully received!

MissMoneypenny

Hi gothmaz

I see you have received answers to your above post on your thread. I hope you don't mind if I link that thread here, just in case it can help someone else.
http://forums.moneysavingexpert.com/showthread.html?t=2218913&highlight=

Rainyday100

I have a question. We moved away from our hometown to open a cafe in a coastal area. We have now sold the cafe, and are planning to move back. However, we bought our house at the height of the market, and if we sell now will be in negative equity, so are planning to rent our house here, and rent a house where we used to live.

We did previously broach the subject with our lenders, but they said they didn’t want us to rent while the rental income would be less than the mortgage, which will be about £150 pm difference. We had therefore decided to just not tell them.

The thing is, one half of us is currently working away, earning a good salary, and I am only able to get low paid part time work here, but I can probably quadruple that by getting a full time, better paid job back home. If we can’t rent our house, we can’t do this and our finances stay in the sh*t!

We have no intention of being in any way fraudulent, we want to do this so that we can get a better income, so the mortgage payments will be safe, it’s in our lenders best interests to agree, as it will make our finances so much more secure.

Any ideas anyone? Do we just rent anyway and don’t tell, or tell them and hope they suddenly become nice (yeah right!) or give in and stay where we are and live in relative poverty, counting the pennies to pay the mortgage!

Alias_Omega

What a nice thread..

Im a Landlord, and im proud that i have 'Consent to Let till 2013'.

Just thought i would get that off my chest..

:j:j:j

Regards,

Alias

leitmotif

I just downloaded my the title register for the flat I'm renting in south of England. It gives my landlady's address as the flat upstairs, but my landlady has been living in Ireland since we moved in (nearly a year ago). This seems a bit dodgy. Surely she's just got a mate to cover for her? What do you reckon?

Jamez1080_2

Hi, does anyone know the rules regarding renting property from a landlord who lives overseas? I am interested in viewing a flat in Battersea I have seen advertised. I contacted the Landlord who says he lives in Norway and will fly over to show me the flat! This seems a little far fetched and I am worried that If I am paying rent and a deposit to this person I wouldn't have a leg to stand on as they are living over seas!

Can anyone give me advice as to if I should swerve this completely or if this practice is quite normal?

Thanks

leitmotif

Jamez1080 wrote: »

I contacted the Landlord who says he lives in Norway and will fly over to show me the flat! This seems a little far fetched

It seems ridiculous. Surely he would hire an agent to manage the property. I suspect he doesn't live abroad, or will be over anyway, or similar. Perhaps he's just using it as a line to make you think he lives abroad so if you get any trouble with the property he can hide behind the Norway thing.