landlord £12,000 in arrears in mortgage

franklee

silvercar wrote: »

Again!

Lets just say, I've learnt a lot about section 21 from you and wouldn't serve it at the start of a tenancy:)

As far as consent to let goes, I believe that lenders should be forced (by government) to give consent to let where there are no arrears. I also reckon that a "lender states there are no arrears" document would be of more practical use than any consent to let notification to a tenant.

I read in one of the papers today that the government are thinking of making landlords in England be registered so perhaps that will help.

silvercar

franklee wrote: »

I read in one of the papers today that the government are thinking of making landlords in England be registered so perhaps that will help.

Only if lenders and tenants can access the register; chances are data protection will prevent that.

byebyedebt

This situation was described on the One Show last night (or was it Fri).

In short, as the letters are being addressed to your landlord but at the property you let, it would indicate that the bank have not given permission for him to rent the property. The person on the TV had 45 minutes notice of repossession.

Even if they have, all notices to you will be addressed "To the occupier" this is a legal requirement. Make sure you open them.

Arrears can build up if he is paying some but not paying enough and they are imposing fees. (I know someone who is 16K in arrears and they haven't gone for repossession yet).

I thought housing benefit was now paid direct to the tenant to pay the landlord, not to the landlord direct. (Blame the government for this!).

Its not illegal to open mail, once it has been lawfully delivered by the Royal Mail where no malice is intended.

Also unless the landlord has provided an address for the serving of legal notices, rent is not legally due. Therefore stop paying.

Hope this helps. I am a landlord but dont claim to be an expert!

franklee

silvercar wrote: »

Only if lenders and tenants can access the register; chances are data protection will prevent that.

Surely a prospective tenant would be able to check that a landlord is registered otherwise what use would it be? I'd hope consent to let would be a requirement for registration.

tbs624

franklee wrote: »

Often this notification it put in the tenancy agreement, it's in mine.

<sigh> The point is, as I said, that if it * isn't* notified to the Tenant then the Grounds cannot be used unless a court decides otherwise, and what is in your own contract isn't relevant here

franklee wrote: »

In the OP's case the mortgage did pre-date the tenancy.

Hence why my post included the phrase "on a wider note" as in wider than this thread.............

tbs624

franklee wrote: »

I read in one of the papers today that the government are thinking of making landlords in England be registered so perhaps that will help.

CarolT started a thread on this topic this morning.

Do you think that it has helped much in Scotland where LLs and LAs have to be registered?

franklee

tbs624 wrote: »

<sigh> The point is, as I said, that if it * isn't* notified to the Tenant then the Grounds cannot be used unless a court decides otherwise, and what is in your own contract isn't relevant here

I mentioned the prior notification is often in the tenancy agreement as perhaps the OP and other readers may not have realised that is a good place to look for it.
Not that it matters much for this OP now we know she is on a periodic tenancy so a S21 would do the job.

sunnysea83

I would just like to say that in my area the LHA pay the HB directly to landlord. I had a property i was going to rent out as couldnt sell and a propestive tenant was on HB, my local council contacted me regarding paying of rent etc and i have landlord friends who also receive HB direct.

SouthCoast

CML response to campaign to protect private tenants from repossession

http://www.cml.org.uk/cml/media/press/2205

mr.broderick

franklee wrote: »

I read in one of the papers today that the government are thinking of making landlords in England be registered so perhaps that will help.

Hi frank i read your signature and it came back with this, none the wiser.

Damocles (pronounced [dæməkleɪz]) is a figure featured in a single moral anecdote concerning the Sword of Damocles,[1] which was a late addition to classical Greek culture. The figure belongs properly to legend rather than Greek myth.[2] The anecdote apparently figured in the lost history of Sicily by Timaeus of Tauromenium (c. 356 – 260 BC). The Roman orator Cicero may have read it in Diodorus Siculus. He made use of it in his Tusculan Disputations, V. 61–62,[3] by which means it passed into the European cultural mainstream.