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

tbs624

socrates wrote: »

There are a lot more tenants who have defaulted on their rent than LL's who do not have CTL

I don't condone Ts who fail to pay their rent in full and on time anymore than I condone LLs who fail to do the right thing. However, given that those LLs who fail to seek consent to let from their lender tend to effectively be letting "under the radar" your statement is mere opinion. Do share if you have any facts that back up your assertion.

Even if that were the case, it does not alter the fact that the LLs who let out a property without CTL are screwing both Lender and the T if their tenancy is not recognised in the event of a mortgage default.

CMcW

I've been a tenant in rental properties for over 12 years now, in Scotland, England & Northern Ireland and I didn't know until today that there was a way to check if my LL had permission to let the property. I assumed that estate agents checked this!

Perhaps part of the answer would be encouraging Lettings Agents to advise tenants to check, or requiring proof from the LL that they have permission?

Many of us haven't checked simply because we didn't know that we COULD check!

tbs624

LAs are part of the problem IMO. Anyone can set up in business as an LA with no qualification, training, regulation etc and many of them like to make up the rules as they go along.

The relevance of the right mortgage product/consent being in place just would not occur to some of them. They are often so focused on their own earnings from the tenancies they deal with that they fail to make even the most basic checks of the LLs/properties whilst requesting vast amounts of personal info from potential Ts. They are, after all, not paid to work in the T's interests.

techcastoni

So I've paid for the land registry doc and it shows the home owners details are the same as the property which I am renting from with the purchase date of the property earlier this year. So how do I now find out if the mortgage lender has given the owner permission to let the property?

franklee

techcastoni wrote: »

So I've paid for the land registry doc and it shows the home owners details are the same as the property which I am renting from with the purchase date of the property earlier this year. So how do I now find out if the mortgage lender has given the owner permission to let the property?

From your other thread you are a lodger not a tenant as the landlord lives in the same property with you so it's not suspicious that's the landlords address as well. The rules for lodgers are quite different from a landlord who lets to tenants under an assured shorthold tenancy. I've no idea if the landlord has to ask his lender about taking a lodger or not but as lodgers have fewer rights than tenants and the landlord is there to supervise I doubt it's anything like this thread covers which is for tenants.

You won't have the problem of the landlord putting your home at risk by not paying the mortgage without him putting his home at risk too. As lodgers have fewer rights on the eviction front so you don't have much security of tenure in any case.

https://forums.moneysavingexpert.com/discussion/4119223

Unless you are saying the property owner is a different person to your landlord and the owners address is at the land registry as the property you are living in? If so then that's odd as the property was purchased so recently. What is the relationship between your landlord and the registered owner?
If this is the case then you are still a lodger but your landlord would be affected by a lack of consent to let if he is a tenant. This would have a knock on effect on you. So first stop is to find out if your landlord is a tenant of the property owner, or is he say family? Did you see any ID for your landlord?

MissMoneypenny

CMcW wrote: »

I've been a tenant in rental properties for over 12 years now, in Scotland, England & Northern Ireland and I didn't know until today that there was a way to check if my LL had permission to let the property. I assumed that estate agents checked this!

Perhaps part of the answer would be encouraging Lettings Agents to advise tenants to check, or requiring proof from the LL that they have permission?

Many of us haven't checked simply because we didn't know that we COULD check!

Thanks goodness for sites like Martin's; who help the consumer.

Make sure you have Legal Cover with your contents insurance too and that the small print doesn't exclude legal action against, or defending action, against a landlord. It will only cost about £20 extra a year for Legal Cover. DAS and ARAG didn't have these exclusions when I last checked (I've used DAS in claims and they were excellent; I haven't used ARAG). Your insuruers will use these specialist type of companies for the Legal Cover they offer, unless they have their own (again, check their smallprint).

If you have to take legal action, once the insurance claim is approved, these companies will pay all the legal bills if you win or lose. If you win, your insurers will sometimes pass your legal bills onto the loser: although often the wiff of court and legal fees, is enough to make the other side pay out.

techcastoni

franklee wrote: »

From your other thread you are a lodger not a tenant as the landlord lives in the same property with you so it's not suspicious that's the landlords address as well. The rules for lodgers are quite different from a landlord who lets to tenants under an assured shorthold tenancy. I've no idea if the landlord has to ask his lender about taking a lodger or not but as lodgers have fewer rights than tenants and the landlord is there to supervise I doubt it's anything like this thread covers which is for tenants.

You won't have the problem of the landlord putting your home at risk by not paying the mortgage without him putting his home at risk too. As lodgers have fewer rights on the eviction front so you don't have much security of tenure in any case.

https://forums.moneysavingexpert.com/discussion/4119223

Unless you are saying the property owner is a different person to your landlord and the owners address is at the land registry as the property you are living in? If so then that's odd as the property was purchased so recently. What is the relationship between your landlord and the registered owner?
If this is the case then you are still a lodger but your landlord would be affected by a lack of consent to let if he is a tenant. This would have a knock on effect on you. So first stop is to find out if your landlord is a tenant of the property owner, or is he say family? Did you see any ID for your landlord?

The guy I have paid rent and deposit to says he is the landlord but he has also freely admitted that he has rented the property from the mortgage holder.

What I believe has happened is the mortgage holder has purchased the house with the intention to let it out (I have checked and he has consent to let from the bank) but the person he has let it out to (my supposed landlord) has sublet it to me and three other people which I believe is illegal.

franklee

techcastoni wrote: »

The guy I have paid rent and deposit to says he is the landlord but he has also freely admitted that he has rented the property from the mortgage holder.

What I believe has happened is the mortgage holder has purchased the house with the intention to let it out (I have checked and he has consent to let from the bank) but the person he has let it out to (my supposed landlord) has sublet it to me and three other people which I believe is illegal.

Have you tried Shelter's tenancy checker? e.g.

What type of tenancy do I have?
http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

A subtenant is someone who rents their home from another tenant, rather than from the owner of the property. To be a subtenant you must have exclusive use of at least one room.

And this:
What's the difference between a lodger and a subtenant?
http://england.shelter.org.uk/get_advice/renting_and_leasehold/sharing_and_subletting/subtenants

The problem is they all assume you know who your landlord is yet your situation seems confusing on who it is who between the property owner and the tenant you live with who might be your landlord. I doubt a property owner would let any old tenant get several more tenants in. What about the HMO (House in multiple occupation) regulations? So perhaps there is an ID mix up, use of multiple IDs or perhaps the two of them are close enough to trust each other?

What I find odd is if the property was purchased for letting out from the off and the mortgage lender knew it was then I would expect the address for the property owner at the land registry to be a different one from the one you are living in. The owners address should be on the land registry entry as some other address. Did you say the property owner's address is where you are living, is that worth reading again? Usually the landlord's address is the same as the rental address when the property was originally the landlord's home which he then lets out and didn't remortgage so there was no reason to update the entry at the land registry.

Anyway I'm confused! I think everyone should make sure they know the name and address of their landlord and what type of tenancy etc they have.

Worth checking the HMO regs as well as there are so many people living at the property.

Land_Registry

franklee wrote: »

What I find odd is if the property was purchased for letting out from the off and the mortgage lender knew it was then I would expect the address for the property owner at the land registry to be a different one from the one you are living in. The owners address should be on the land registry entry as some other address. Did you say the property owner's address is where you are living, is that worth reading again? Usually the landlord's address is the same as the rental address when the property was originally the landlord's home which he then lets out and didn't remortgage so there was no reason to update the entry at the land registry.

This is a very long and detailed thread focusing on a number of issues which are outside of my remit but chipping in re the address issue as raised by franklee to clarify the position form a Land Registry perspective.

An address for service is an address where Land Registry can send correspondence to the named person i.e. property owner and which relates to the property.

Clearly there are a number of reasons why we would recommend that the address supplied is a current one and one where they can actually collect the mentioned correspondence.

franklee is quite right with regards an example of how a landlord can sometimes live at the same address but there is no legal requirement that the 'owners address should be on the land registry entry as some other address' - the choice really is theirs to make.

Further information on the address for service provided on the land register and reasons for keeping it accurate/updated can be viewed online in our Public Guide 2 - I fully appreciate that the guidance is not relevant to the main topic of this post but may be of interest to readers from the wider issue of registered owners and the address(es) they provide on the land register

silvercar

Land_Registry_representative wrote: »

This is a very long and detailed thread focusing on a number of issues which are outside of my remit but chipping in re the address issue as raised by franklee to clarify the position form a Land Registry perspective.

An address for service is an address where Land Registry can send correspondence to the named person i.e. property owner and which relates to the property.

Clearly there are a number of reasons why we would recommend that the address supplied is a current one and one where they can actually collect the mentioned correspondence.

franklee is quite right with regards an example of how a landlord can sometimes live at the same address but there is no legal requirement that the 'owners address should be on the land registry entry as some other address' - the choice really is theirs to make.

Further information on the address for service provided on the land register and reasons for keeping it accurate/updated can be viewed online in our Public Guide 2 - I fully appreciate that the guidance is not relevant to the main topic of this post but may be of interest to readers from the wider issue of registered owners and the address(es) they provide on the land register

Even less reason to check the land registry. I've always said that if a different address is shown then it is safe to assume the landlord has CTL or BTL or some other commercial arrangement, but that the same address tells you nothing. Now it seems there are even more reasons why the addresses could be the same.

Land Reg rep, can I ask you if a mortgage lender would automatically be informed if an owner notified a change of address to the land registry?