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

Speedygjt

silvercar wrote: »

First of all I'm not sure what this information tells you. It could be that the landlord used to live in the property and has now moved out and has obtained consent to let from his mortgage provider.

In what way are you cheated?

Cheated is the wrong word. I think i'm working myself up. I will ask him outright tomorrow when he comes round to pick up all his post!

Although i did speak to the Letting Agent and asked them if they carry out this check or ask for evidence and they had no idea what i was talking about. Say no more!

tbs624

Speedygjt wrote: »

Cheated is the wrong word. I think i'm working myself up. I will ask him outright tomorrow when he comes round to pick up all his post!

Although i did speak to the Letting Agent and asked them if they carry out this check or ask for evidence and they had no idea what i was talking about. Say no more!

...no qualifications, specific knowledge/expertise, no training etc is required before anyone can set themselves up in business as an LA. There is no requirement for formal regulation. Therefore don't be surprised if you get to deal with absolute muppets.

Aside from the effect on a Ts security of tenure if a LL fails to have the right mortgage product/consent in place , LLs ought to safegard themselves against potential fraud by ensuring that their personal details at HMLR are fully up to date

Flibsey

so, without having to read 27 pages of this thread, how does having a landlord not registered directly impact tenants?

drsonurajini

Dear All,

I know it has been answered many times. I have lived in my house for around 2 years. But, due to circumstances, i have to move for short term which could be around 6 months - 1 year. When I spoke with the mortgage provider, they said that they would change the mortgage in "Buy to Let" if the house is let beyond 1 year or otherwise I would be forced to sell.
What are the legal requirements for letting the property out please.

with best regards,
Kanchen

[Deleted User]

propertymesh wrote: »

Hi friends,

Typically, owners and managers can only enter the rental property in an emergency, to show it to prospective tenants, or to make needed repairs, unless invited. In some states, the rule concerning repairs also allows them to enter when assessing whether repairs are necessary. Access is allowed in some states when the renter is absent for an extended period, generally at least a week. Except for emergencies, landlords typically cannot enter without tenants’ permission unless they give advance notice, generally at least 24 hours beforehand.

They can't enter if you change the locks.

Also this is a UK based board not American.

Mrjames06

It is really important to first have background check before entering into any agreement. Unfortunately, some LL are not abiding it, especially those small ones.

missile

TJ27 wrote: »

Because this would have to be done before the tenancy was signed. A LL might then think, "Flipping heck, this prospective tenant is keen to check me out. It seems to me that he/she might be a bit of a nuisance. I'm not so sure that I really want him/her as my tenant."

That would be my view. Next prospective tenant would be my response.

Having properties to let which have no mortgage. Even if so inclined, how does one prove that to a I know my rights would be tenant?

missile

Flibsey wrote: »

so, without having to read 27 pages of this thread, how does having a landlord not registered directly impact tenants?

If LL has not obtained consent to let from his mortgage provider, in (rare?) cases you could be evicted at short notice.

socrates

missile wrote: »

If LL has not obtained consent to let from his mortgage provider, in (rare?) cases you could be evicted at short notice.

Except the law has changed and that can no longer be done

So to answer the original question by Flibsey -

not a lot!!

MissMoneypenny

socrates wrote: »

Except the law has changed and that can no longer be done

That statement is untrue, as well you should know after all this time (I hope). A fixed term tenancy is not honoured if the landlord has failed to gain permission to let the property from the mortgage lender. In these cases, the tenant has to keep paying their rent until the property is repossesed and will be unable to move to another proepty if they can't afford 2 rents per month.

Who wants the hassle of going to court to tell the courts you are a tenant in the property and try to persuade the court to give you 2 months to move out (and you still have to pay the rest of the tenancy contract until the house is repossessed) because the landlord hasn't got permission to let; when you can simply avoid these types of people in the first place, by checking they have permsission before you rent!

Some landlords even let a property when they already have a repossession order on it! In these cases, there is no recourse for extra time to move, for the poor tenant.

When these poor hassled tenants and their families who have been doing the decent thing and paying their rent, finally get out of the property, they can sue the letting agent (taking by deception) and the landlord, if he has any money i.e.other properties he owns, including the one he lives in. Which is why all tenants should ensure they have taken out the optional extra of Legal Cover on their house contents policy (ensuring they read the insurance policy document to check suing landlords is not excluded) as this will cover all legal costs once they agree to take your case. With the added satisfaction of knowing your insurer will be passing your legal bill onto the landlord and/or letting agent.

The other problem is that the landlords insurance may be void if he doesn't have Consent to Let, even if they have landlords insurance. See the ARLA links on this thread warning about this. If the house catches fire and the tenant is maimed or killed, the landlords claim to his insurers may be void and you will have to claim off the landlord and/or letting agent.

There are a lot of unsavoury people around and it is much better to avoid these people by checking the landlord has an in date Consent to Let or Buy to Let mortgage. If the landlord is unable to show this proof, then avoid them and just report them to the tax man and their lender (the former online and the latter in one quick phonecall to the lenders fraud department giving evgidence of their intentions to let, if possible) as a favour to other tenants and the decent landlords'.