Landlord not paying Mortgage on house I rent

tbs624

i4nkent wrote: »

...over a few pints in the local where the landlord was most distressed about the fall in revenue after we leave, he reccomended facebook.

Would you believe it, we found him.

...doesn't that show you how hard (not) the LA has actually tried to get in touch with him?

i4nkent wrote: »

Not sure now if he steps in and pays up what would happen.

IMO you are wasting your time. A LL who plays silly b's with his own LA and T, whilst avoiding his mortgage lender, is probably not suddenly going to cough up what he owes.

Do you know whether Martins are holding the deposit or whether they passed the money on to the LL? Has your tenancy deposit been scheme registered? If you don't know then check with each of the three schemes -mydeposits, DPS and TDS - get confirmation either way, in writing.

Tell Martins that they were neglectful for failing to check whether your LL had consent to let prior to offering you the property. They are a franchise so make a complaint to the Head Office too.

i4nkent

ok, here we go.
The LL phoned me today after the succesful face book message telling him that his is going to be repossessed .

I was informed that he had been out of the country and was un aware of this information.

He has had finiancial problems and a bank forclose on one of his businesses and has been sorting this out.

he is speaking with his financial agent and im not to worry as he is going to sort it out and he wont let the ml repossess.

wow!

brings all sorts of questions to a head, like how did martin and co let him let him rent out when he didnt have the correct mortgage.

My deposit in a scheme TDSL.

this is very interesting......

silvercar

like how did martin and co let him let him rent out when he didnt have the correct mortgage.

Either they didn't ask or they didn't check properly. Your case is against the landlord for not honouring the contract (that is if the lender evicts you).

First action is to notify the lender that you are a tenant in the property.

dancingfairy

You definitely need to let the lender know you are there. And don't beleive the landlord will miraculously sort it all out - it might be a bit late for that or he might just be incompetent - you never know - hopefully it will all work out but you can't leave it to chance.
df

G_M

I'm not sure how you know he 'hasn't got the right mortgage'. Either way, if he's not been paying the mortgage (residential or BTL), there's a mess waiting to blow up. Not the agent's fault.

he is speaking with his financial agent and im not to worry as he is going to sort it out and he wont let the ml repossess

.

Hmm. Believe it when the repossession hearing is cancelled, not before. This guy has serious money problems.

Is your deposit protected? Doesn't matter whether Martins 'passed it on to the LL' or not, what matters is whether it's in a scheme. Check.

You can't buy the property unless you can get your own mortgage (or have the cash). The price you'd pay will be whatever the max the lender can get is (unless the landlord agrees to sell to you before it's repossesed?).

Make sure you attend the repossession hearing when it takes place. Meanwhile, start looking for a new home.

theartfullodger

I really really hope it all works out but suspect that the only reason the Landlord spun you that story... is so you keep paying rent to him/the lender & he buys more time or money.

As said above, I'd believe him when the repo gets cancelled...

tbs624

OP - do not take the LL's word on the deposit being registered , as I said before, confirm it for yourself. TDS is one of the two insurance backed schemes, which allows the actual deposit money to be held by either the LL or the LA. You should familiarise yourself with the way in which the scheme operates so check out the website.

MissMoneypenny

silvercar wrote: »

Either they didn't ask or they didn't check properly. Your case is against the landlord for not honouring the contract (that is if the lender evicts you).

The letting agent took money by deception, as there wasn't permisssion in place for the property to be rented out.

OP, when you get sorted in your new house, check your house contents policy and see if you have Legal Cover (sometimes called Family Cover). If you have, ask you insurers for a Legal Claim Form to see if they will agree to fund a case against the letting agent; not only for your losses but also for the distress you suffered.

tbs624

It's interesting that Martins web site states:

"Landlords frequently asked questions



I want to let out my property; do I need to tell the mortgage lender?

Yes, you must obtain permission from your mortgage lender and inform us of any special conditions that they impose. We may require written evidence of this." (my bolding)

silvercar

MissMoneypenny wrote: »

The letting agent took money by deception, as there wasn't permisssion in place for the property to be rented out.

Interesting take on it. I thought the letting agent always acts for the landlord and any contract is between the landlord and tenant, so it would be the landlord at fault. Do you know of any case where the letting agent was found guilty of deception?

OP, when you get sorted in your new house, check your house contents policy and see if you have Legal Cover (sometimes called Family Cover). If you have, ask you insurers for a Legal Claim Form to see if they will agree to fund a case against the letting agent; not only for your losses but also for the distress you suffered.

Probably wouldn't be covered as the event took place before you took out the policy and you knew of it when taking out the insurance. You can however get "after the event" insurance, whereby the underwriters judge your chance of winning a case and decide if they will offer cover against your legal costs should you lose. If you win the other side pay your legal costs, if you lose the insurance pays them. Its a win-win but only possible if the underwriter thinks you have a reasonable chance of success (so often the fact that they will offer the insurance is a good guide as to their view on your chances of winning). If you were looking for this type of insurance, your solicitor would arrange the policy for you.

Personally I think you would have more luck pursuing the landlord as it would be him who has deprived you of your home and breached the tenancy agreement if you are evicted.