Help on early release

nataliekara123

Hi All

I need some desperate advice. I rent a property in the centre of a small town. I have been there nearly 4 months. I have decorated the property top to bottom as it was a complete state when i moved in. Recently i have found out that the landlady has not been paying her mortgage and also she does not have the right mortgage for me to rent the property. I am worried that i am going to be left homeless, or that they will chuck me out without any notice. I am scared of living there as i witnessed and awful crime on the early hours of saturday morning. DO you think she will let me leave?? Also where do i stand with the mortgage situation?
Many thanks
Natalie

may_fair

Assuming the property is in England/Wales, you cannot be legally evicted except by the landlord (or mortgage lender) serving notice and obtaining a possession order. In cases where the lender applies for possession, and has not approved the tenancy, the tenant may ask the court to postpone the eviction date by up to two months.

In short, you will not be evicted 'without any notice'. You'd have plenty of time to find a new place.

The tenancy contract is binding and the LL has no obligation to release you early from the contract. All you can do is ask.

nataliekara123

Thanks for the reply. Yes it is in England. Can i just leave the property early without paying my rent or wold you not advise that?

BitterAndTwisted

When you signed the rental agreement four months ago what was the term? Have you received any correspondence from the mortgage lender addressed to "The Occupier" yet?

may_fair

nataliekara123 wrote: »

Can i just leave the property early without paying my rent or wold you not advise that?

If you do that the LL may pursue a claim against you for the rent for the remainder of the fixed term.

climbgirl

nataliekara123 wrote: »

Thanks for the reply. Yes it is in England. Can i just leave the property early without paying my rent or wold you not advise that?

No - as may-fair says, the landlord can rightly pursue you for the rent for the rest of the rental agreement (you don't say how long it is).

You can ask to leave early - some landlords would be happy to release someone from a contract, providing another person is found to take over the property. It's most likely that you will have to pay until that person takes over though.

They are not obliged to release you early from the contract.

Werdnal

What is the fixed term you signed up for? If it is 6 months, you can leave at the 6 month point, without even giving any notice, although it is usually felt courteous to tell your LL you are going.

You can ask your LL if they will let you leave early, but they are under no obligation to agree. Minimum they could ask for is a month's rent and their reletting costs. If you only have 2 months left to the 6 month point, then you could pay that rent and tell LL you are leaving. If fixed term is longer however, obviously this is not an option, so you need to approach your LL to negotiate a "surrender" and see if they will accept a deal with you.

Regarding the lack of mortgage consent and payment arrears, how do you know? Have mortgage company contacted you yet? Even if they do recall the mortgage and re-possess the property, you will not be evicted "overnight". They have to give you notice to allow you to find alternative accommodation.

Incidentally, when you say you have decorated throughout, did LL give permission for this? Was a deposit taken at the start of the tenancy? If so, is it protected (if LL ignores mortgage requirements on letting, it is possible they also ignore deposit rules!). Was an inventory done at the start, showing the condition of the property?

nataliekara123

Thanks Werdnal. My rent is for 6 months.
I know she has not been paying her mortgage as someone from the block has been opening alot of post (i found them opened in teh corrdidor, but i cannot appraoch who i think it is as he is a junkie)
The LL knew i was decorating as the state of the property was very unfit when i took it on, to be fair i have done her a favour as it looks 100 times better when i first got it. When the last tenant left she didnt inspect the property! it was riddled in fleas and disgusting!
I believe my deposit is in the protection scheme - her father owns the estate agents.