Landlord Does NOT have permission from Lender to let property I'm renting (Scotland)

Confuzzled

hello everyone, i'd appreciate some advice from anyone that might know about these matters where i might stand in this issue

i'm in scotland, renting from a letting agency. i've rented this property for more than 2 years and my current lease expires at the end of april 2012.

today whilst opening my mail i accidentally opened something for the person whom would appear to be the actual owner of the property (i don't know their name, i go via the letting agency) as i'm the only adult in the property i'm not in the habit of looking at what names is on the letters so i opened it completely by accident. however, i saw something that caught my eye immediately, it was asking if they were still letting their property and why they hadn't asked for permission to do so!

that's when i twigged it wasn't for me, saw the name and whom it was from. i've called the letting agency but i'm still waiting word back from them and to be honest i'm feeling a right mess of nerves. i really do NOT want to have to move but the letter states that they could reposess the house if they don't comply and that the owner will have to fill in the form and then wait for it to be reviewed for approval, oh and pay an extra 1.5% interest.

now i'm worried that the bank will either reposess or that the owner will decide they don't want to pay the extra money. so what happens to me the long term tennent? where do i stand? and what about the letting agency? surely they must be required by law to vet for this sort of thing?

i'm really shocked and quite frankly angry at both the owner of the property and the letting agency. i've been dealing with a lot of bad health and actively trying to lower my stress as it's making things worse and now i have this looming over my head and right before christmas. any help would be very much appreciated, and please, for anyone out there thinking of being nasty saying i shouldn't read their mail please note i honestly did NOT see their name on it, i flip the letters over when i get them and open and read, i'm the only one getting post here so why would i read who it's for?

thanks in advance

geoffky

why worry it really is beyond your control..I bet the landlord will pay up...

Confuzzled

i'm worried because i could get chucked out with little notice, and/or the rent is very likely to increase,(i somehow doubt he'll absorb the cost) even if he does cough up, which i really can't afford

it's very unsettling to know that this place could be repossessed simply because he failed to do something as basic as ask permission, that should be rental 101 and quite frankly i'm shocked that a supposedly well respected letting agency didn't insist on proof before taking them on as a client

agathadc

I don't think they can evict you immediately, you have signed a tenancy agreement and the letting agents SHOULD have checked all this. Keep on at them, this is their problem, not yours. I would, however, also get them on the lookout for somewhere for you to move to should you have to go, but I believe the bank will have to allo you so many months notice anyway.

I really feel for you. This is bad news at any time of year, but especially stressful in the run up to Christmas.

Let us know what happens.

RAS

artful know more about Scottish law; maybe worth editing the title to include the word Scotland.

I think LLs in Scotland have to be registered? Is he?

Confuzzled

RAS wrote: »

artful know more about Scottish law; maybe worth editing the title to include the word Scotland.

I think LLs in Scotland have to be registered? Is he?

i honestly do not know, again i assumed that's something the letting agency would have seen to

part of my problem here is this is the first time i've let a property in the uk for my daughter and myself, previously it was my scottish husband (now legally seperated for 2.5 years) he always handled things before. when i moved back here from a short stint in the netherlands i had to find a place and quickly. he had used the same letting agency in the past and said they were known to be fair and good with repairs and to date i agree with that

now i'm fairly up on renters rights in the various states i've lived in but scottish law is not my forte and i believed that a letting agency was worth paying a bit more rent for because i was led to believe they vet the owners thoroughly and because they are better about repairs than the odd random landlord in my price range (this is from my unfortunate personal experience in the states and scotland and the netherlands, no offense meant towards anyone here)

how would i find out if he's registered? i at least have his name now!

Confuzzled

agathadc wrote: »

I don't think they can evict you immediately, you have signed a tenancy agreement and the letting agents SHOULD have checked all this. Keep on at them, this is their problem, not yours. I would, however, also get them on the lookout for somewhere for you to move to should you have to go, but I believe the bank will have to allo you so many months notice anyway.

I really feel for you. This is bad news at any time of year, but especially stressful in the run up to Christmas.

Let us know what happens.

thank you, yes i will let you know what happens, it's been 4 hours since i left my message (what a long lunch ) and my attempts to find anything pertaining to the tennents rights in this matter have come up with nothing!

SouthCoast

From Shelter (Scotland)

Landlord registration helps councils monitor private landlords and ensure that they are suitable people to let out property. The landlord register was introduced in April 2006. This section looks at how the registration process works and what the register means for tenants.

http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/landlord_registration

Confuzzled

SouthCoast wrote: »

From Shelter (Scotland)


http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/landlord_registration

thank you

well i did a search and came up with nothing, i checked the letting agents website and i noticed that about half of their current listings had landlord registration numbers listed but the other half didn't.

the website did say that not all landlords might be on the list yet, though if it's from 2006 i'm not sure why the delay would be so long.

i'd been under the impression from a few vague comments from my letting agents that the owner does not reside in this country anymore and the letter makes reference to temporary letting, mind you i did also read that sometimes people get permission to let if they want to sell the house but are waiting for the market to improve so several years, in this financial climate, would not be so odd i should think.

i just wish the letting agents would return my call, they should know what to do about this and if he is registered or not etc etc. i suspect he was hoping to circumvent the extra fees, i do wonder what sort of 'advice' he was given though as he could lose the property all together if the lender gets really riled.

i do appreciate everyones help, it is helping to ease things a bit. i'm still quite nervous as the only thing i have definitely been able to ascertain is that because he has not asked permission, i basically have no right to stay here and the lenders could, if they decided to take repossession, could begin immediate proceedings. my understanding is that would take several months. if it did come to that i would just call them myself and ask if i could just stay til the end of my tennancy it's only til the end of april and it would save them court costs but well i have no faith in bankers kindness, i'm just hoping the amount of homes going into foreclosure at the moment would make the banks lean more towards granting him permission rather than take possession for the infringement.

Road_Hog

Confuzzled wrote: »

today whilst opening my mail i accidentally opened something for the person whom would appear to be the actual owner of the property (i don't know their name, i go via the letting agency) as i'm the only adult in the property i'm not in the habit of looking at what names is on the letters so i opened it completely by accident. however, i saw something that caught my eye immediately, it was asking if they were still letting their property and why they hadn't asked for permission to do so!

So, you accidentally opened someone else's mail, addressed to them. Then you accidentally ignored the fact that it was also addressed to them at the top of the letter. You also accidentally ignored the fact that it was from a company (bank - complete with logo) that you have no dealings with?

So basically, what you are saying is that you read other people's post even when you realise that it isn't yours?

steve1980

Road_Hog wrote: »

So, you accidentally opened someone else's mail, addressed to them. Then you accidentally ignored the fact that it was also addressed to them at the top of the letter. You also accidentally ignored the fact that it was from a company (bank - complete with logo) that you have no dealings with?

So basically, what you are saying is that you read other people's post even when you realise that it isn't yours?

Bit harsh. She is the only adult in the property, why would you look at the name first?

I'm sure you've never opened a letter, started to read it then realise it's not for you.