Landlord not paying his mortgage!

Sparky29

Correct me if I am wrong. If the property gets repossessed the state of the property when you vacate will not be the letting agents problem because they will no longer be acting in the landlords best interest. Therefore you should not get billed for damages when you leave. Now you are aware that you may be forced to move I would be more concerned about who is holding my deposit if I were you. Make sure you don't get stung.

itsakidsworld

As I expected, I got slated for my comments!! No problem though but remember, you are all defending someone who is in a very simple situation, whereas the landlord is obviously in a very difficult situation.

The OP has rented through an agency. We presume that they are keeping up with the rental payments and so all they have to do is contact the agency and they will find another property for them to rent. End of problem which by the way it has been described on here you would think the OPs world was about to end. Talk about making mountains out of bloody molehills.

So what about the landlord? Bobproperty made a good comment saying that "if the landlord does not turn up in court"? How can they if they do not know a notice has been served on them. It does sound like they do not have a buy to let as otherwise this letter would have gone to where they live but;-

A- what if the landlord has just split from their partners?

B- what if the landlord is terminally ill?

C- what if the landlord has just had a bereavment and is struggling?

D- what if the landlord has had a mental breakdown?

E- what if the landlord was trying to raise finance by remortgaging and thought they had time on their hands as they have not received any mail from their current lender ( because the OP opened it!!)

If the OP had taken any mail not addressed to them to the agency then at least everyone could have sorted this situation out very simple. But no, by opening the post they have changed the course of the outcome.

Nobody likes to lose a property as they buy them for investment. But give a though for the landlord in what must be a difficult time for them. If they have walked away from the property then at least the OP and agency could have acted correct and when it was all finished, both would have help their heads up high. But not know.

chatty123

I HAVE BEEN READING THIS THREAD AND FIND THE LAST QUOTE BY ITSAKIDSWORLD TO BE TOTALLY OUT OF ORDER
QUOTE:(End of problem which by the way it has been described on here you would think the OPs world was about to end. Talk about making mountains out of bloody molehills.)
HOW WOULD HE FEEL TO COME FROM WORK ONE DAY AND FIND THAT ALL HIS POSSESSIONS ARE ON THE STREET EVEN THOUGH HE HAS DUTIFULLY PAID HIS RENT EVERY MONTH.
I GATHER THAT ITSAKIDSWORLD IS PROBABLY EITHER A MONEY MAKING LANDLORD HIMSELF WHO DOESN'T CARE TWO HOOKS ABOUT HIS TENANTS, OR, A WEALTHY GUY WHO HAS NEVER BEEN IN THE POSITION WHERE HE HAS RENTED A PROPERTY.
I AM NEITHER A LANDLORD OR A TENANT BUT A 46 YEAR OLD HOUSEWIFE AND MOTHER WHO HAS A HEART

Tassotti

You are entiltled to your opinion, but do you have to SHOUT IT to everyone?

MegS

Question for Itsakidsworld : if you get a letter sent to your house addressed to THE OCCUPIER do you not open it?

arnie&caseysma!

itsakidsworld wrote:

E- what if the landlord was trying to raise finance by remortgaging and thought they had time on their hands as they have not received any mail from their current lender ( because the OP opened it!!)

If the OP had taken any mail not addressed to them to the agency then at least everyone could have sorted this situation out very simple. But no, by opening the post they have changed the course of the outcome.

If the landlord was trying to change the mortgage then this would be done on a BTL basis therefore the property to be re-mortgaged would be the address the OP is living at but the landlord would provide a different address to the mortgage company. If LL is stupid enough to provide the wrong details then they deserve everything they get.

I have been in the re-mortgage position and NONE of my mail was opened by the tenants as it did not go to that address, it went to the address I was living at. The only mail they opened was the stuff addressed to THE OCCUPIER as in the case of the OP.

We can only assume that any mail not addressed to The Occupier was taken to the Letting Agency and not opened as any normal person would do.

Personally in this situation I would be scrutinising every last word of my lease and then if I had to get evicted by the courts without having my two months notice that I am legally entitled to under a short assured tenancy then I would be looking to sue the LL for breach of contract.....

Alleycat

itsakidsworld wrote:

As I expected, I got slated for my comments!! No problem though but remember, you are all defending someone who is in a very simple situation, whereas the landlord is obviously in a very difficult situation.

Simple? The tenant has fortunately been given the heads up that the property is about to be repossessed and that they only have a very short time to organise alternative accommodation. They will have to try and find a deposit, first month's rent, money for removals. Will presumably have to take time off work to go house hunting, plus when they move.

The OP has rented through an agency. We presume that they are keeping up with the rental payments and so all they have to do is contact the agency and they will find another property for them to rent. End of problem which by the way it has been described on here you would think the OPs world was about to end. Talk about making mountains out of bloody molehills.

What if the agency don't have anything else suitable in the area? What if they are only a small agency with only a few properties on their hands? What if another suitable property with this agency doesn't come up before the bailiffs are sent round? Yes, it is a big deal to have your life thrown into turmoil. If it was a standard eviction then they would have a good few months at least to find alternative accommodation. In this instance they may have far less. Also if they had not opened the letter as you have suggested they should have done, then they could have had only a few minutes to find alternative accommodation or face being put into a hostel by the local authority (that is if they fit a priority category).

So what about the landlord? Bobproperty made a good comment saying that "if the landlord does not turn up in court"? How can they if they do not know a notice has been served on them. It does sound like they do not have a buy to let as otherwise this letter would have gone to where they live

If the landlord has not received notification from his mortgage provider that they are intending to repossess then it is his fault. He should have made sure they had his correct details and if he does not have a BTL mortgage, again it is his own fault

but;-

A- what if the landlord has just split from their partners?

Tough. He is running a business not a hobby and he is messing with people's lives. When you go to work and screw up can you whine to your boss that you have just broken up with your boyfriend/girlfriend and get away with it? Thought not.

B- what if the landlord is terminally ill?

There should have been adequate mortgage protection to cover this eventuality. Again, it is a business and there should be provision for ill health i.e. partner to oversee things, insurance etc. If he cannot afford to keep up with his mortgage payments, then he should be looking to sell and issuing his tenant with the correct notice.

C- what if the landlord has just had a bereavment and is struggling?

Tough. I'll say it again, it is a business. The mortgage company won't necessarily start repossession proceedings without a reasonable amount of mortgage payments missing and he would have been contacted on numerous occasions to try and rectify the situation.

D- what if the landlord has had a mental breakdown?

I would assume that someone close would have noticed and tryed to help organise his finances, property/s etc.

E- what if the landlord was trying to raise finance by remortgaging and thought they had time on their hands as they have not received any mail from their current lender ( because the OP opened it!!)

They only have themselves to blame for not providing their mortgage company with their up to date contact details.

If the OP had taken any mail not addressed to them to the agency then at least everyone could have sorted this situation out very simple. But no, by opening the post they have changed the course of the outcome.

Eh? They opened post addressed to the occupier. They ARE the occupier. I get post all the time from catalogues, loan companies addressed to the occupier. I am pretty sure my landlord would have something to say if I started forwarded all that gumf to them. Also at work, I have often addressed correspondence to the occupier if I do not have the name of the people living at that address. Don't be so daft. The mortgage company and courts would have the name of the landlord so why not address it to him? I reckon they may even say to the occupier just in case the landlord is renting it out therefore making the tenant aware of the situation.

Nobody likes to lose a property as they buy them for investment. But give a though for the landlord in what must be a difficult time for them. If they have walked away from the property then at least the OP and agency could have acted correct and when it was all finished, both would have help their heads up high. But not know.

Gibberish again. The landlord is renting out a property and is operating as a business. Do you feel sorry for Tesco when they have to refund on a damaged item? I certainly don't. And in what way have the agency and tenant not acted correctly? They have no reason not to hold their heads up. I am very

silvercar

Either the landlord is aware of what is going on and this letter was intended to inform the occupier OR the landlord had a residential mortgage and isn't aware of the repossession, though he must know he is in arrears!

The agency's involvement is unknown. Some agents find the tenant, pass the deposit to the landlord and have no further involvement. Others may manage the property. Some hold deposits on behalf of lanlords otheres don't.

howard_yates

Hi all, can i confirm as a landlord that any debts run up by my tennant using the rented address to obtain credit, will remain with the tennant debt and not with the owner of the property ie me the landlord. I dont mean gas utility bills just credit so as this doesnt then get transefred onto me. Thanks for any replies... H

rsykes2000

itsakidsworld wrote:

If the OP had taken any mail not addressed to them to the agency then at least everyone could have sorted this situation out very simple. But no, by opening the post they have changed the course of the outcome.

Nobody likes to lose a property as they buy them for investment. But give a though for the landlord in what must be a difficult time for them. If they have walked away from the property then at least the OP and agency could have acted correct and when it was all finished, both would have help their heads up high. But not know.

The letter was addressed to 'The Occupier'. The OP *is* the occupier. They are now lucky enough to be in a situation where they have advance warning of possible reposession.