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Landlord not paying his mortgage!

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  • saver_sam
    saver_sam Posts: 609 Forumite
    Part of the Furniture 500 Posts
    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.

    I've seen court paperwork for possession hearings that my OH attends and letters included in the documentation he takes with him always has one that is sent to "the occupier" and one addressed to "the owner" in their own name. so unless as someone else said they have not given their own address then they will have had notice of the possession and they will soon find out via the letting agency too as i'm sure the OP will get onto them about it.
  • rsykes2000
    rsykes2000 Posts: 2,494 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    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

    Debts run up by specific people are noted on their own credit history, so unless you are related to them financially, you will be fine.
  • hazeyj
    hazeyj Posts: 391 Forumite
    I noticed that the OP hasnt had apologies yet from people who havent read the original post correctly and have told them off for opening their landlords mail, when in fact it was addressed to "the occupier". Sometimes people are very quick to pick holes in threads but never quick in apologising when it appears they havent read the thread properly and have come across as being very rude and unhelpful.

    At the end of the day if it was me I really wouldnt be concerned about my landlords personal circumstances as I would only be concerned about losing my deposit and being booted out of my rented home.

    Hope its all going well in finding suitable accommodation.
    I love this site :beer:
  • BobProperty
    BobProperty Posts: 3,245 Forumite
    1,000 Posts Combo Breaker
    I am just coming back to this and I am annoyed at some of the drivel in this thread.
    Please really, really think about this question, it might have some bearing on this situation:
    Would a mortgage company lend money to someone whose name they don't know?
    So why would they write to the owner of the property they have lent money against as "the occupier"?
    Someone has said or implied that as the owner doesn't appear to live at the address of the OP's property (maybe because they know it's a buy to let) then the court proceedings will be addressed to the owner at the owner's address and notice will also be given to "the occupier" at the BTL address because they are involved in the consequences of the repossession.
    A house isn't a home without a cat.
    Those are my principles. If you don't like them, I have others.
    I have writer's block - I can't begin to tell you about it.
    You told me again you preferred handsome men but for me you would make an exception.
    It's a recession when your neighbour loses his job; it's a depression when you lose yours.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    Bob is absolutely spot on with this.
  • saver_sam
    saver_sam Posts: 609 Forumite
    Part of the Furniture 500 Posts
    The court requires the mortgage company to write a letter to the occupier no matter what type of mortgage it is.

    The letter is sent to comply with the Civil Procedure Rules Part 55 Rule 10 so the occupier does know the situation; otherwise if they are not aware of the pending possession order, they may not know until the baliffs comes knocking on the door giving you about ten minutes to get your stuff out.
  • Firstly I will just confirm that the letter was definately addressed "To the Occupier" hence why I opened it. I am not sure whether tha landlord will have received a copy but I intend to take a copy of the letter to the agency tomorrow morning so if he doesnt yet know then he soon will.

    On a side note, there is a possibility that something may have happened in his personal life which is affecting his ability to repay the mortgage. My housemates sister was due to buy the property from him a few months ago but as it got to the final stage when all it needed was his signature for completion he seemed to disappear from the face of the earth and nobody seems to be able to get in contact with him including the agency (allegedely)

    I am going to think about my options and may even see if I an indeed put a cheeky low bid in to purchase it if i am able to raise a sufficient mortgage.

    Thanks once again for all your advice
  • black-saturn
    black-saturn Posts: 13,937 Forumite
    10,000 Posts Combo Breaker
    Good luck.
    2008 Comping Challenge
    Won so far - £3010 Needed - £230
    Debt free since Oct 2004
  • MortgageMamma
    MortgageMamma Posts: 6,686 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    This thread has got a bit out of hand with all the squawking about opening letters etc. Remember we are here to help the OP and offer a bit of support.

    8 years ago, I was once "moved" out of my property as a single mother with a 2 week old baby. I'd not even got over the birth. My landlady put my home on the market and refused to wait 10 weeks until I had returned to work so I could buy it.I'd lived there for 3 years and it was my home, it didnt feel like a rented house.

    I was so poor surviving on SMP I couldnt afford a removal van and had to carry my things by hand, the only person who helped me was the 60 year old man next door bless him. It was the beginning of October and cold and wet - my life was turned upside down and I ended up in a council house. My washing machine and heavier posessions were left outside the old house for me to collect when the owners moved in. I had to load them into a taxi minibus by myself as I couldnt drive back then - It was embarassing.

    It took me ages to get over it - so, to the OP, my heartfelt best wishes in your new home, wherever that may be, and keep this thread going, because I for one give a damn and want to know that you will be OK.

    Kind regards

    MortgageMamma
    I am a Mortgage Adviser

    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    me too, i want to know also. i got into BTL first when my mum died, and i did not know what to do with her house. i left it empty for a few months and the neighbours called me to say that the lovely Zimbabwe family next door were in exactly the same position as you, but that the husband had just dropped dead. They had been in the UK for about 6 months at the time.

    Although i was devastated, i realised this family with a young son, was in a much worse position, so, i offered her my house, and i learned to be a landlady. She eventually bought her own home, and her cousin now rents my house - a fantastic family.

    good luck
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