Help LL arrears

lightsoff

Hi I was after some advice.

It has come to my attention ( by opening a letter after getting 20+ letters through my rented address for the LL) that they are in serious mortgage arrears and have now been issued court notice.

They have said nothing to me, and last time I asked if there were any problems i was told 'its all sorted'

By the arrears I have seen they havent paid a penny since Ive lived here in the property and its by no means cheap!

I'm not sure what to do. COuld I phone up the mortgage company and demand to know whats happening. I have 4 pets and a daughter so finding a house to rent is never easy.

Also why is the mail coming here? I suspect they dont have a B2L mortgage? I checked the land registry thing link of here and paid £4 and there other address is also stated on it which confused me a bit.

Any advice welcome please I am worried sick after reading a reposession thread on here.

Jowo_2

Miss Moneypenny's sticky at the top of the page will enlighten you, plus there is a section on the Shelter website about how repossessions affect a tenant, the difference in process (protection) for those who live in properties where permission has or hasn't been granted by the landlord.

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

Fire_Fox

The lender will not speak to you under data protection laws. If you are getting letters sent to the rental address it is likely the landlord does not have consent to lease, in which case the lender may well not recognise your tenancy in the case of a repossession. Read the sticky on the top of the main board about consent to lease.

Is your deposit lodged with one of the three schemes? This is critical as you are probably going to have to move and you don't want to be chasing a landlord in financial trouble for your money back. I would start looking for alternative accommodation - many landlords will take pets / children if you ask and perhaps offer to pay a larger deposit.

lightsoff

ahh yes I read that and followed the link. It came up with various charges against the property and their address to be different then my home one. However I am getting all the mail from the mortgage lenders

DVardysShadow

Importantly, is your deposit kept in a scheme? If it is not and you are evicted, your chances of seeing the money again are slim

Normally, you should not with hold rent, but in this instance, I suggest that you do - keep it safe. Firstly, if your deposit is not protected, write to the LL and instruct him to protect it - and keep back that amount of money until he does protect it. And move to paying rent in arrears.

It is fairly plain that your LL is going to go under - you need to make sure he does not take too much of your money with him. Some may advise differently - you should make your own mind up - but it seems that your rental contract will be invalid, so you must look after yourself.

lightsoff

Hi yes, my deposit is with the DPS ( thankfully)

I have started to look for a new house. Just what I needed. I feel so angry to I dont blame them, they clearly have fininacial problems, but I am angry that I have not been put in the picture.

Moving house costs money which I dont have alot of at the moment really...

theartfullodger

The lender will not speak to you under data protection laws.

Although, as one of the very very few people who has actually read the delightful DP Act I think they are wrong.

What you certainly can do is write to the lender (quoting all the references.. name, account number etc..) and explain your situation... and inviting them to contact you... Then at least they can't say they didn't know what was happening. You might also suggest you can help them find his current address... bet they then 'phone you... it would be a shame if you had to tell them that "Due to Data Protection legislation" you couldn't help them...

Seriously if you have something them want (address, 'phone number) they might be more helpful..

Sorry to hear you story: What a b*****d

Cheers!

Lodger

silvercar

Also why is the mail coming here? I suspect they dont have a B2L mortgage? I checked the land registry thing link of here and paid £4 and there other address is also stated on it which confused me a bit.

Very confusing. Why not ask the lender why they are writing to the let property if they have a residential address registered. I can't think why that would be, unless it is a plain admin error on the lenders part.

blckbrd

It's always possible to give general info in the form of 'in X situation the action is Y' without breaching DP. However, will the lenders tell you what you need to know rather than what they want you to hear?

OP make sure you're forwarding the mail to the LL or returning it to the lender so your LL can't claim not to have received it from you.

clutton_2

i think i posted this a few weeks back - the DP Act restrictions do not apply if a request for information is directly connected to a court case... i dont know if this could be applied to a Repossession hearing for mortgage arrears - worth a shot

DVardysShadow

clutton wrote: »

i think i posted this a few weeks back - the DP Act restrictions do not apply if a request for information is directly connected to a court case... i dont know if this could be applied to a Repossession hearing for mortgage arrears - worth a shot

Only allows litigants to have access to info - and [I think] only if it is held by their opponents,