Landlord not been paying mortgage

missusd

Hello all,

I know this has been done to death but I am extremely concerned.
We currently pay £550 a month for our rented house and have never missed a payment, no reasons to be concerned about Landlord etc.
Last week we received a letter in a name we didn't recognise...shoved it in a drawer to send as not at this address and forgot about it.
Cut to today I found said letter and naughtily opened it.
Turns out the Landlord is not the person named on the tenancy, (and a check with registry trust has confirmed that), is registered as living in this property still and is 3 months in arrears.
The mortgage is only £293.00 per month and due to charges they owe £998.00.
I haven't dared speak to them about it:

a) because I don't want them to know I have been snooping even though it was completely unintentional!
b) because they may evict us if they know we know (if you see what I mean).
and c) because I don't trust myself to keep my hands off their lying faces!

I feel physically sick, we have only been here 12 months; (6 month tenancy was renewed for 12 months last November), and I don't want to have to unsettle my children by moving them again!
Added to that we are away on holiday for 11 days in 6 weeks and have just paid for the holiday, and MOT on the car and have no money left to pay for another Bond/Months rent in advance.

I know I have a slim-to-none chance of getting our bond back...if they can't pay the mortgage they won't have a £550 bond!

Rent is due again on the 26th and I am worried if I pay then the possession letter will land on the doorstep and we will have no money to pay for another bond.

Does anyone have any advice?

Thanks

Aquatronixjenny

What a nightmare. Hopefully if the LL has protected your deposit (if you are in England/Wales then this is the law) then you should get it back.

Have you gone through a Letting Agent or direct to the LL?

missusd

Hello,

Thanks for replying.

We paid it direct to the landlord; never had a single concern before this and no reason not to trust them.

I can't stop shaking at the moment...so bloody scared!

Careful_with_that_Axe

missusd wrote: »

Hello,

Thanks for replying.

We paid it direct to the landlord; never had a single concern before this and no reason not to trust them.

I can't stop shaking at the moment...so bloody scared!

I don't know if they would be able to help, but I would get in touch with Shelter and explain the circumstances to them. They are incredibly helpful and knowledgeable and if not able to help or advise you, would point you in the right direction. Good luck.

Naf

LL should have provided you with details of where your deposit is held: legally they MUST use some form of company/scheme where your deposit is held for you and neither you nor the landlord can access it until the end of the tenancy. Therefore you should be able to get your deposit back. I think your only option (considering opening others' mail is also against the law) is to continue paying as if you don't know, but begin spying out other places and potentially think about moving somewhere through a letting agent to keep your mind at ease long term in the future. Not an easy decision, but if you stay where you are you could potentially end up being forced into that position with limited time.

missusd

Thanks again for your replies

Naf wrote: »

potentially think about moving somewhere through a letting agent to keep your mind at ease long term in the future.QUOTE]

Sadly letting agents are a no-no due to an old ccj sat on our credit file still

This is the only reason we went through a private landlord.

I think I may just sit tight like you suggest but am terrified that while we are away a repossession may go ahead...how long does a lender take to commence proceedings?
They didnt use a mainstream lender; sub-prime one used...does this mean it will be quicker??

Sorry for all the questions but I really am scared and upset..more for the kids than anything...

It makes me so angry, we work so rent is always in cash and on-time, pay the bills and have decorated etc and they do this!

Beckyy

Can you reseal said letter, or put it in a new envelope, and pass it on to the landlord?

Was there are contact details of sender on the envelope?

I would talk to shelter.

Naf

The landlord legally would have to give you 2 months notice (some friends of mine just had it where their LL just wanted the house back, but tried to only give them 1 month), I can't imagine anyone else would be allowed to give you less than that either.
Get some recommendations for a local private landlord? And get on the council's housing list, as a last resort, but if you are given notice to get out they'll bump you up the list as a priority because of the kids.

missusd

Beckyy wrote: »

Can you reseal said letter, or put it in a new envelope, and pass it on to the landlord?

Was there are contact details of sender on the envelope?

I would talk to shelter.

Hi Becky,

Thanks for the reply

The letter is franked with a PO Box address on the back so not able to

I am going to ring Shelter tomorrow after work..

Naf thanks so much for that...will contact the council tomorrow too and see what options are open to us.

DVardysShadow

Naf wrote: »

... (considering opening others' mail is also against the law)

Not true. Done to death on these forums about once a month.

Only opening it while in the course of transmission [ie before delivery] or intending the detriment of the addressee breaks the law

G_M

DEPOSIT.
Are you in Eng/Wales? If so your deposit should be protected in a scheme. Is it? If unsure, contact each of the 3 schemes to find out. If not, write to the LL asking why it has not been protected and tell him you can claim 3 times the deposit for his failure to protect. If you are in Scotland, no schemes exist.

REPOSSESSION
If your LL has permission to rent from the mortgage lender, then the lender has to honour your tenancy contract. If the Lender reposseses the property because the LL is in mortgage arrears, then the Lender becomes your landlord.

If the LL does NOT have permission to rent, then the Lender canrepossess the property and evict you. However a new law last year means you can request the court gives you 2 months notice. See here.