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Risky Tenancy?

24

Comments

  • Mwesty
    Mwesty Posts: 110 Forumite
    Silvercar and Shark.. I think I've answered your questions in that above message. We're under pressure to move fast and this was the only property that was really suitable for us.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I would really check who owns the property 1st thing Monday with the Land Registry online (£4). Their website only operates during the week.

    If he does NOT own it I'd brief the police si if he contacts you for more money/rent, you have them lined up for a fraud case.

    Hopefully he IS the owner, but just a rather ignorant/innocent/inefficient prospective landlord.

    Good luck!
  • theartfullodger
    theartfullodger Posts: 15,778 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 December 2009 at 7:00AM
    Sounds very dodgy: I think it ain't his place.. sorry, expect a problem soon...

    However...if it is his place..
    I knew I should have got his address but it completely slipped my mind.
    If you don't have his address the rent is not due (!)... so just don't pay him until he complies with the laws..;
    http://www.landlordzone.co.uk/landlord%27s_address.htm

    & he MUST comply with deposit regs... interesting if he doesn't any "Section 21" notice (usually used to get you out..) will be invalid & yes, you can sue him for 3xdeposit - all to you!!

    Also assume he's not maybe done Gas safety cert, & may not have Landlord Insurance (any other insurance will not cover, say, a property rented out with a fire damaging property & tenants....) - so ask, calmly & politely, for copies please (Gas safety cert. has to be supplied by law within 28 days of start of tenancy)

    Sorry to be a bit blunt... these are serious possible problems...

    Hope it works out!

    Lodger
  • Mwesty
    Mwesty Posts: 110 Forumite
    Right, I'm quite confused now. I've just done a check on the Land Registry website and here's what it comes back as after I paid the £4.00.

    Title Number : MS517701

    Address of Property : properties at Shrewsbury Mews, Arncliffe Road,
    Palmerston Drive, Westbury Close, Stirling Lane,
    Maidstone Closeand Sutton Mews, Knowsley/Halewood

    Price Stated : Not Available

    Registered Owner(s) : FREEHOLD PORTFOLIOS GR LIMITED (Co. Regn. No.
    3270473) of 24 Queen Anne Street, London W1G 9AX.

    Lender(s) : None
  • I think this means the Freeholds are owned by FREEHOLD PORTFOLIOS GR LIMITED.

    Not sure how you find out who owns the leasehold.. was there an option on the LR site??
  • adg1
    adg1 Posts: 670 Forumite
    Is the property address one of those mentioned? Doing a google search comes back with the following company:

    http://online.simarc.co.uk:8080/sos/mainMenu.html

    Doesn't seem to be much on there, but from that it appears the company look after portfolios on behalf of leaseholders. Who is named on the AST you have? Is it a person, or is it the company? If its a person, maybe someone on here with access to companies house could note whether they match?

    Gumtree puts people at risk of scammers and truly unprofessional landlords so make sure you cover all bases mentioned with the deposits etc.

    If you need to move within two weeks ever again, or indeed are left in the lurch this time, go to an agent and say 'I have to move within 2 weeks'. Most will treat you as a hot potato and get you viewing, signing and paying ASAP - Paperwork and money can be done within 48 hours easily it seems you just had a slow agent.

    It does seem, though, that a company with many properties would probably cover themselves a bit more and not be routinely or blatantly flouting landlord and tenancy law.
  • Mwesty
    Mwesty Posts: 110 Forumite
    Ok, turns out I purchased the freehold title instead of the leasehold. Here's the leasehold. I've blanked bits out as I'm not sure I'm allowed to post the data.

    Title Number : MS490###

    Address of Property : ## Maidstone Close, Hunts Cross, Liverpool (L25 9GG)

    Price Stated : £163,200

    Registered Owner(s) : Landlords name and Landladys name of ## Maidstone
    Close, Hunts Cross, Liverpool L25 9GG.

    Lender(s) : Nationwide Building Society

    The landlords name above is the same name given to me when I viewed the property and the same name signed on the contract. However, is it concerning that both the propery address and registered owners are the same if they're renting it out?
  • adg1
    adg1 Posts: 670 Forumite
    That is starting to sound more solid now. Address wise, it probably rings true that it was the family home and that they have yet to inform everyone of their new, personal home address rather than the old one.

    Even thought the details seem to match up fine, do be aware of your landlords responsibilities for:

    Gas and electrical safety;
    Deposit protection;
    Landlords insurance/building insurance;
    I know theres others and I'm sure Lodger or someone will be along shortly to add to my list.

    You have paid the landlord a deposit. Without him protecting it, how are you going to know that, in a years time or whenever the tenancy ends, he is going to be able to repay it? For all you know, he may use it to fund a family holiday in the Bahamas then have a slight cash flow problem when it comes to giving it back. £700 is a lot of money to act so whimsically towards.

    The deposit protection schemes are designed to protect YOU, the tenant. One is even free I believe for the landlord to use, he simply needs to register himself as a landlord (Someone please correct me if I'm wrong!). I don't understand why you would not insist that it is protected properly when it is a huge amount of money and you have no references on your new landlord? :confused:
  • Good! It's the right guy, big relief there!!

    As the landlord's address is the property it is quite possible that he hasn't told his lender, Nationwide, that he is planning to rent out. If so then if he doesn't keep up with the payments Nationwide can (eventually) take possession and get you out..

    In your shoes I'd calmly & politely ask if he can show somethjing from "His lender" (he doesn't have to know you know..) confirming he can rent out...

    See also here...
    http://forums.moneysavingexpert.com/showthread.html?t=1377883

    £5 to your nominated charity if he has told the tax man he plans to rent.

    He sounds so like an amateur, ignorant, Landlord [I was once one myself: Now just slightly-less-ignorant] - if you go ahead I'd check absolutely everything.

    He probably simply doesn't realise his responsibilities... trouble is that won't help yuou if the place burns down/Nationwide reposess etc etc
  • And, reminder again, he must formally advise you of his address..

    If you don't have his address the rent is not due (!)... so just don't pay him until he complies with the laws..;
    http://www.landlordzone.co.uk/landlord%27s_address.htm
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