Help LL arrears

sjcollett

As agents we have had to deal with this on a couple of occasions. The banks, while sympathetic, just want their asset back so that they can sell and recoup some of the debt owed. I really don;t think there is a way to resolve this. If the rent is not being passed on, perhaps withhold the rent and just find somewhere else to live. I would not hang about trying to negotiate as I think it is a losing battle. You have to just start afresh I am afraid

roger196

silvercar wrote: »

Well if the lender is repossessing that means the landlord hasn't been paying the mortgage.

If the lender isn't receiving any mortgage payments then he isn't receiving any rent and so he isn't party to any fraud.

Consider the following:-
Two people rob a bank. One keeps all the loot. On your logic, the one who received no money would not have committed a crime nor assisted the crime..

silvercar

roger196 wrote: »

Consider the following:-
Two people rob a bank. One keeps all the loot. On your logic, the one who received no money would not have committed a crime nor assisted the crime..

Now you're just being silly. If two people rob a bank they are both intending to steal and one knows what the other is upto. That hardle equates to giving someone a mortgage.

DVardysShadow

roger196 wrote: »

Consider the following:-
Two people rob a bank. One keeps all the loot. On your logic, the one who received no money would not have committed a crime nor assisted the crime..

Your initial proposition looked interesting. But your re interpretation of silvercar's logic is blatant misrepresentation. As Yorkie1 says:"The mens rea does not coincide with the actus reus."

In other words, only 1 person [the landlord] robbed a bank [our tenant] and kept all the loot. The same person [the landlord] also defaulted on a loan to another bank [the lender] despite having the loot to pay with. [Ignore for the moment that the LL has defrauded the T rather than stolen.]

LL has done wrong both ways, to T and to Lender. You cannot make out that Lender has done wrong to T - although I think there is a desperate need for a change in the law to give T an automatic protection.