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Tenancy contract & legal status
mpsavuk
Posts: 296 Forumite
I have found out that my LL's mortgage lenders have not been informed that he has been renting out the property.
As far as they are aware it is his primary residence.
Surely he needs their agreement to let out the property if he does not have a buy to let mortgage or similar arrangement?
As the Halifax are completely unaware does this make the tenancy contract legally invalid?
If so, can i still be held liable for any repairs etc at the end of my contract as per the deposit scheme and contract etc?
Hope someone can help.
As far as they are aware it is his primary residence.
Surely he needs their agreement to let out the property if he does not have a buy to let mortgage or similar arrangement?
As the Halifax are completely unaware does this make the tenancy contract legally invalid?
If so, can i still be held liable for any repairs etc at the end of my contract as per the deposit scheme and contract etc?
Hope someone can help.
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Comments
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I have found out that my LL's mortgage lenders have not been informed that he has been renting out the property.
As far as they are aware it is his primary residence.
Surely he needs their agreement to let out the property if he does not have a buy to let mortgage or similar arrangement?
As the Halifax are completely unaware does this make the tenancy contract legally invalid?
If so, can i still be held liable for any repairs etc at the end of my contract as per the deposit scheme and contract etc?
Hope someone can help.
Quite a common question with quite an odd twist at the end?
Yes, the landlord should have informed his financers that he was letting the property out (can I ask how you have found this out?), but the fact that he hasnt doesnt make the contract void.
In terms of the last part of the question, have you damaged the property in some way? - Your responsibilites are to return the property in the same general conditions (minas fair wear and tear), if you dont then your LL will be in his rights to try and claim from your deposit at the end.0 -
Quite a common question with quite an odd twist at the end?
Yes, the landlord should have informed his financers that he was letting the property out (can I ask how you have found this out?), but the fact that he hasnt doesnt make the contract void.
In terms of the last part of the question, have you damaged the property in some way? - Your responsibilites are to return the property in the same general conditions (minas fair wear and tear), if you dont then your LL will be in his rights to try and claim from your deposit at the end.
Thanks for the reply
I can't say how i found out, need to know basis etc!
I have not caused any damage to the property but they are trying to screw me for over £1000.00 of work that they say needs to be done. But the place was in a fairly delapidated state when i moved in. No maintenence work or updating has been done for years. The paintwork is the original 90's decor.
Everything i reported over the years of my tenancy was ignored.
It needs redecorating and electrics need doing amongst other things.They want me to pay for it!
They are even claiming £500 for new conservatory blinds which is a damn cheek. I only used it for storage and never opened or closed those blinds. They were old and tatty when i moved in over 4 years ago.
I am going to drop this LL right in the poo with his mortgage lenders and Inland revenue regardless of the outcome of this dispute.
He has various other properties he lets out in the area so hopefully it will cost him an arm and a leg in the long run.
The independent report states most things are in a very poor condition and recommends replacing carpets, bathroom, kitchen etc.0 -
Thanks for the reply
I can't say how i found out, need to know basis etc!
I have not caused any damage to the property but they are trying to screw me for over £1000.00 of work that they say needs to be done. But the place was in a fairly delapidated state when i moved in. No maintenence work or updating has been done for years. The paintwork is the original 90's decor.
Everything i reported over the years of my tenancy was ignored.
It needs redecorating and electrics need doing amongst other things.They want me to pay for it!
They are even claiming £500 for new conservatory blinds which is a damn cheek. I only used it for storage and never opened or closed those blinds. They were old and tatty when i moved in over 4 years ago.
I am going to drop this LL right in the poo with his mortgage lenders and Inland revenue regardless of the outcome of this dispute.
He has various other properties he lets out in the area so hopefully it will cost him an arm and a leg in the long run.
The independent report states most things are in a very poor condition and recommends replacing carpets, bathroom, kitchen etc.
I would hold off with reports to Income tax and Mortgage lenders until you have your deposit back! Dont want to muddy the waters even more!
Have you raised a dispute with the relevant TDS scheme? The seem to be quite impartial and fair, with their arbitration.0 -
No you still have a legally binding contract with the LL. Difficulties may arise should the LL fail to pay the mortgage, but your contract with him is still legally binding....As the Halifax are completely unaware does this make the tenancy contract legally invalid?
Yes.If so, can i still be held liable for any repairs etc at the end of my contract as per the deposit scheme and contract etc?
Hope someone can help."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Your only obligation is to return the property in the same state as it was originally let to you, fair wear & tear excepted....They are even claiming £500 for new conservatory blinds which is a damn cheek. I only used it for storage and never opened or closed those blinds. They were old and tatty when i moved in over 4 years ago.
Did you get an inventory/statement of condition detailing the condition you claim the blinds were in when you orignally moved in? If so, you've nothing to worry about
"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
All very interesting................................I have put my clock back....... Kcolc ym0
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If so, can i still be held liable for any repairs etc at the end of my contract as per the deposit scheme and contract etc?
Hope someone can help.
If you took a taxi home from a night out, do you think you'd be "allowed" to not pay the bill on the grounds that the taxi driver was late paying their council tax?If you don't stand for something, you'll fall for anything0 -
Your only obligation is to return the property in the same state as it was originally let to you, fair wear & tear excepted.
Did you get an inventory/statement of condition detailing the condition you claim the blinds were in when you orignally moved in? If so, you've nothing to worry about
I did have an inventory.I must find it soon.
The house was inspected regularly on a quaterly basis and no mention was ever made of any of the things mentioned in the post-tenancy repair/damage quote. (They couldn't have all been caused within the last 3 months!)
I have all the letters they sent after the inspections with their comments.
The only thing they ever picked me up on was the garden needing tidying up.
I reckon they will be very helpful to my case at least.0 -
I would hold off with reports to Income tax and Mortgage lenders until you have your deposit back! Dont want to muddy the waters even more!
Have you raised a dispute with the relevant TDS scheme? The seem to be quite impartial and fair, with their arbitration.
Sound advice.
Yes, i will raise the dispute with TDS and they will have to arbitrate. I do hope they are fair and impartial!0 -
Excellent :TI did have an inventory.I must find it soon....
Nothing to worry about then. I'm sure you'll have no difficulty in getting your deposit back "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100
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