Landlord not paid mortgage, our house is being repossessed! HELP!

poppysarah

I'd say that the letting agent has to take some responsibility. They are keen enough to credit check tenants - failing to apply the same standards to landlords seems wrong.

theartfullodger

Poppysarah is right (as usual) but sadly the agent may not see it that way.

They might be keen to help you find somewhere else to avoid complaints to whatever trade body (eg ARLA) and local trading standards departments and the councillors...

Good luck! Nasty situation, not your fault, ****ard LL (and I speak as a LL).

Cheers!

Artful

SouthCoast

Advice from Shelter:

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/repossession_by_a_landlords_lender

SouthCoast

Personally I think letting without consent like this should be a criminal offence.

Agreed....................

socrates

barnaby-bear wrote: »

Personally I think letting without consent like this should be a criminal offence.

LL's letting without consent and lenders who lend recklessly to people who can never pay back - two cheeks of the same backside!

lynzpower

Personally I think letting without consent like this should be a criminal offence.

So do I and I for one am sick to death of seeing members of this site recommending that other members dont get consent to let from their lender and that is all "ok"

Well its not OK, is it. :mad:

OP I really feel sorry for you.

barnaby-bear

socrates wrote: »

LL's letting without consent and lenders who lend recklessly to people who can never pay back - two cheeks of the same backside!

The lender in this case lent on fraudulant information.

Countless people whinge about BTL mortgage rates being higher than residential and they don't intend to inform lender etc... the reason BTL rates are higher is simply that if you don't live there the repossession has less effect, someone will always take more care to protect the roof over their head. An absent LL with no other assets can do this, go bankrupt and have little impact on their life. The tenants come back is through the civil courts.

If letting without consent was a criminal offence that carried a record and the consequences it might deter such behaviour like gas safety certificate legislation and reflect that this isn't just a fraud against financial institutions and pension funds invested in them but can serious harm tenants lives.

barnaby-bear

poppysarah wrote: »

I'd say that the letting agent has to take some responsibility. They are keen enough to credit check tenants - failing to apply the same standards to landlords seems wrong.

The LA are the agent of the LL and act for him not the tenant, I imagine a good LA will be keen to help and resolve but never forget they are the agent and act for the LL.

Martha66

barnaby-bear wrote: »

http://rentalrights.org.uk/category/landlord-repossession/

Unfortunately yes - make sure you have deposit scheme details.

Do not pay rent far in advance (you have to be two months in arrears anyway for the LL to get possession within the fixed term) just pay a week at a time.

Contact shelter for proper advice.

Start looking elsewhere.

Technically you can pursue LL for breach of contract and moving costs via small claims court, and will probably win but if he has no other assets it might be a waste of fees.

The impeding eviction will bump up your social housing/housing association priority so if that's an option you've ever wanted to explore it might be possible to turn something out of a bad situation.

Personally I think letting without consent like this should be a criminal offence.

Don't rely on council/social housing help. I don't know whether Citizen's Advice or Shelter will suggest you hanging on until actual eviction (as this makes you eligible to apply as homeless to your local authority) but unless you are in a "priority" group, for example you have children or are disabled, you are very unlikely to get housed by them. Even if you were, it is likely to be a B&B or hostel. Not an environment to maintain a regular job.
And you'd end up with no landlord reference and a bad credit record - and face incredible difficulty securing a new (private) tenancy.

It is appalling the lack of rights a tenant has in your case. And the government really should legislate to protect tenants.
But in the meantime you have to think in the long-term, and your priority is finding a new place as soon as you can.

I really hope things work out for you.

franklee

clutton wrote: »

i would go to the letting agent immediately and ask for a new place as a matter of urgency - they have a duty of care to you - as you have paid them for a home and you are now being deprived of it thru no fault of your own

Certainly I'd tell the letting agent what problems their negligence in checking for consent to let has caused. But to compound the problem by using this lax and possibly dodgy agent again, I wouldn't if I could help it!

If the agent is a member of any body like ARLA I'd certainly report them to that body for failing to check consent to let - which they should have done!

RENTING? Check your LL has permission to let that property.
http://forums.moneysavingexpert.com/showthread.html?t=1377883