'consent to let' questions

MissMoneypenny

N79 wrote: »

As indicated by MissMoneypenny (who is almost correct) if you are a non resident LL of a property in England or Wales then you have to have an address within England and Wales (not the UK) at which your T can serve notices.

Even if you are a resident landlord in England and Wales, then you still have to give the tenant an address.

All landlords have to give their tenants their name and a UK contact address. If the property is managed by a letting or property agent, they must also provide you with the landlord's full name and address.

Any requests should be made in writing, you should also keep a copy of the letter and send it by recorded delivery, if you want proof of postage. If you don't get a reply in writing within 21 days of them receiving your letter, the landlord is committing a criminal offence.

Your next step could be to report your landlord to your local council's tenancy relations officer (TRO). TROs can get involved in disputes between landlord and tenants and can even prosecute the person who does not provide this information. You should also be able to get your landlord's details from the Land Registry. You can do this online by filling in a form and paying a small fee.
http://england.shelter.org.uk/get_advice/renting_and_leasehold/rights_and_responsibilities/landlords_responsibilities

MissMoneypenny

ocalllo wrote: »

from reading here - i think we might have to consider using an agent....but would MUCH rather sell!

I have just sold a house in the SE and had to drop the price down very low to do it. It didn't please the neighbours as that has now set the price for houses in that area, but that is their problem, not mine:D

Completing the sale on that house was a sweet day.:D:D:D

ocalllo

thks Miss Moneypenny....if only!!

we had to knock another £10k off yesterday....now selling at a loss!

puddy

but if you have savings which you are using to meet the shortfall between the rent obtained and the mortgage payment, why cant you use these savings to make up the rest of the loan when you sell for less than the outstanding mortgage?

in ancy case, if you are never coming back, how long do you think your savings will last to ensure that you meet the mortgage payments (including voids, damage, insurance, repairs, non paying tenants etc)

MissMoneypenny

ocalllo wrote: »

thks Miss Moneypenny....if only!!

we had to knock another £10k off yesterday....now selling at a loss!

My sister sold her place at a loss when she moved to Oz 10 years ago. Either that or they didn't go. When they worked out what the mortgage payments would cost them over a year, it didn't make sense to keep the house.

Now she is mortgage free in Oz as she bought a big plot and sold some of the land off for another house.

ocalllo

puddy wrote: »

but if you have savings which you are using to meet the shortfall between the rent obtained and the mortgage payment, why cant you use these savings to make up the rest of the loan when you sell for less than the outstanding mortgage?

we will be.

Premier_2

ocalllo wrote: »

...My question - in what circumstances can your lender refuse 'consent to let'. also is there a time limit on this (as we won't be back).

Whilst you owe money to the lender that is secured against the property (and that lending agreement does not already include any form of consent to let). No time limits.

ocalllo wrote: »

Can you sell your hse with a sitting tenent?...

Yes, probably, at the right price ... which will be considerably less compared to it's value without a sitting tenant.

N79

MissMoneypenny wrote: »

Even if you are a resident landlord in England and Wales, then you still have to give the tenant an address.

All landlords have to give their tenants their name and a UK contact address. If the property is managed by a letting or property agent, they must also provide you with the landlord's full name and address.

Any requests should be made in writing, you should also keep a copy of the letter and send it by recorded delivery, if you want proof of postage. If you don't get a reply in writing within 21 days of them receiving your letter, the landlord is committing a criminal offence.

Your next step could be to report your landlord to your local council's tenancy relations officer (TRO). TROs can get involved in disputes between landlord and tenants and can even prosecute the person who does not provide this information. You should also be able to get your landlord's details from the Land Registry. You can do this online by filling in a form and paying a small fee.
http://england.shelter.org.uk/get_advice/renting_and_leasehold/rights_and_responsibilities/landlords_responsibilities

Indeed, but this is an example where shelters advice is just confusing and wrong.

There are two applicable pieces of legisilation. The first is S48 of the LL and T act 1987. In fact, the act says:

"48. (1) A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant."

so the Shelter advice that a UK address is required is wrong. It must be an England / Wales address for serving notices. The penalty for breaching S48 is that no rent is due until an address that meets the requirements is provided.

The second piece of legislation is S1 of the LL and T act 1985 which requires the disclosure of the LL's identity and address. This address can be anywhere in the world.

"1. (1) If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to— (a)
any person who demands, or the last person who received, rent payable under the tenancy, or

(b)
any other person for the time being acting as agent for the landlord, in relation to the tenancy, that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request."

The penalty for not complying with S1 is criminal prosecution.

So there is no requirement anywhere for an address in the UK to be provided. Shelter confuses two pieces of legislation, neither of which says what Shelter says they say. This is a very important distinction.