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

MissMoneypenny · 29 April 2010 at 12:20AM

silvercar wrote: »

It will help those on a fixed term contract as (as you say in your signature) currently they could be turfed out with very little notice. The new law will give them two months notice.

Generally a good thing.

You often encourage people on these boards to let their house without permisson from the mortgage lender.Why do you do that? You know how much misery it can cause a tenant if there is no consent to let.

Are you now trying to stop people protecting themselves, by ensuring that a landlord has consent to let from the mortgage lender?

It is not "generally a good thing" for someone to have a 12 month fixed contract, only to then find out they have an illegal let and that the contract is not recognised by the mortgage lender. Tenants need to see proof that the potential landlord has received an in date Consent to Let from the mortgage lender and that they are not not behind with their mortgage payments.

silvercar · 29 April 2010 at 9:15AM

It is a good thing because it gives tenants better protection than they've had before, in the unfortunate situation when their home is repo'd. Do you think it is a bad law that shouldn't be enacted?

MissMoneypenny · 30 April 2010 at 2:30PM

silvercar wrote: »

It is a good thing because it gives tenants better protection than they've had before, in the unfortunate situation when their home is repo'd. Do you think it is a bad law that shouldn't be enacted?

It's a bad law in that it doesn't do enough to protect tenants who have a fixed contract, as you well know.

I would still like to know why you encourage landlords to let their property without Consent to Let from the lender, when you know it can cause so much misery to the tenants and their families. Why do you do that?

silvercar · 30 April 2010 at 10:57PM

It's a bad law in that it doesn't do enough to protect tenants who have a fixed contract, as you well know.

Its a step in the right direction. It means that every tenant will know that they will always get at least 2 months notice to move; not ideal, but better than the 7 days that could currently happen. Why not support it?

I would still like to know why you encourage landlords to let their property without Consent to Let from the lender, when you know it can cause so much misery to the tenants and their families. Why do you do that?

We've been through this. You simplify things too much. The important thing is that the mortgage is paid and the landlord is financially secure. Letting tenants think that the consent to let guarantees a good rental is naive. No tenant is in a good position if the property is repossessed and the insolvency service are acting as landlord; they will only do essential H&S repairs. Likewise if a landlord has no funds - how will they replace a broken boiler? Landlords can use their properties for reasons other than mortgage repo's and tenants can be left in the lurch, better that the tenant is aware of this than is led to believe that CTL guarantees a long term secure tenancy. In any case CTL has a limited lifespan, a BTL mortgage is far more secure.

smurf22 · 5 May 2010 at 9:26PM

I am renting and have been for 3 years, my toilet is blocked and has been since friday, my LL came to the property on sunday and said he can't find a problem yet there is now sewage puming through the sink :mad: I have told him I will be deducting money for each day it is out of action. He has told me someone entered my padlocked garden without our permission yesterday and could not find a problem. Legally where do I stand what are my rights as a tennant, I know him giving permission for someone to enter was illegal. Please help;)

RedSoleShoes · 8 May 2010 at 9:42AM

MissMoneypenny wrote: »

It is not "generally a good thing" for someone to have a 12 month fixed contract, only to then find out they have an illegal let and that the contract is not recognised by the mortgage lender. Tenants need to see proof that the potential landlord has received an in date Consent to Let from the mortgage lender and that they are not not behind with their mortgage payments.

Most 12 month leases have a break clause anyway, so no tenant is secure for that long. And the let would not be seen as "illegal" if the LL was taken to small claims.

Just because some has consent to let, doesn't mean they will not default on mortgage payments so a tenant seeing the "proof" is a waste of time.

silvercar · 8 May 2010 at 4:10PM

smurf22 wrote: »

I am renting and have been for 3 years, my toilet is blocked and has been since friday, my LL came to the property on sunday and said he can't find a problem yet there is now sewage puming through the sink :mad: I have told him I will be deducting money for each day it is out of action. He has told me someone entered my padlocked garden without our permission yesterday and could not find a problem. Legally where do I stand what are my rights as a tennant, I know him giving permission for someone to enter was illegal. Please help;)

You have reported a problem so you need to allow access to investigate the problem. He has a responsibility to sort the problem out in a timely manner. You refusing access will only delay his efforts at fixing it.

RedSoleShoes · 11 May 2010 at 12:57PM

smurf22 wrote: »

I am renting and have been for 3 years, my toilet is blocked and has been since friday, my LL came to the property on sunday and said he can't find a problem yet there is now sewage puming through the sink :mad: I have told him I will be deducting money for each day it is out of action. He has told me someone entered my padlocked garden without our permission yesterday and could not find a problem. Legally where do I stand what are my rights as a tennant, I know him giving permission for someone to enter was illegal. Please help;)

Firstly, your post would get a better response in a different section, this thread is about whether your LL has permission to let.

Secondly, why on earth are you having a mare about him trying to get in to fix the problem! He probably managed to get someone out last minute and as you weren't home, they went into the garden to check the drain to help you!

Thirdly, you have been there 3 years so it is more than likely your fault that that drain is blocked. You should be more careful what you put down your toilet and plugholes.

ailey · 17 May 2010 at 11:53PM

Don't know if I can ask this question but I'm sure the moderator will not allow it if not. My questions is: Does anyone know of any flats in the centre of Edinburgh with 3 bedrooms, roomy and well furnished which has HMO for multiple occupancy. My son works in Edinburgh and his lease is coming to an end in a few weeks. He is looking to move in with 3 friends (2 being a couple) and a female friend. They are all working and are beyond student accommodation, being late 20s/early 30s. They have been looking and are being met with so many flats with do not have HMO. They are all decent, hardworking young people. Hopefully this question is allowed and someone can help. Many thanks.

cat13 · 7 June 2010 at 5:44PM

my daughter went to countrywide lettings in prestatyn north wales to rent a property, they took £150 off her to secure the house even though she hadn't submitted the application, she needed a guarantor which i was to be but they informed me i didn't earn enough so she would need 2 guarantors, we were unable to get a second so went back to the agent and asked for the money back, they refused saying it was non refundable, the house isn't available for 3 weeks so there's no reason they can't still let the house but my daughter is now £150 out of pocket even though she never handed in the application, is this legal or should we seek legal advice?