Lies from LL

stephenni1971

I accidentally opened a letter that arrived for my LL giving him seven days notice to quit property a couple of days ago.

I spoke to him and he has got back to me today to say it was all a big mistake as the rent DD had been cancelled when he moved accounts three months ago and its all been sorted

HOWEVER

The arrears are waaay more than three months rent - I also know he has a lot of other debt and final reminders and warnings sent out.

In effect he says everything is OK dont worry - however I KNOW things are not OK.

As my deposit is not held in a nominee account I am going to propose -

a) I withhold next months rent on the basis it can be taken from the deposit

b) I will commence repaying the rent in arrears at the end of August so that should anything happen I will be covered.

Can you see any problem with this? I know he will scream blue murder but what he has told me simply is not true and I'll only find out from the mortgage company or their solicitor with very very little notice and I dont want to risk losing the deposit or paying in advance for a months rent which I cant use if I have to leave the property quickly.

BitterAndTwisted

You won't necessarily have to leave the property quickly IF you make your presence known to the lender. Do that immediately IN WRITING. Do not accept a single word your landlord says about the mortgage-arrears but you are at risk of harassment from him if you choose to withhold your rent. Rent which is rightfully due. I think you should be making plans for your onward move as soon as possible.

stephenni1971

BitterAndTwisted wrote: »

You won't necessarily have to leave the property quickly IF you make your presence known to the lender. Do that immediately IN WRITING. Do not accept a single word your landlord says about the mortgage-arrears but you are at risk of harassment from him if you choose to withhold your rent. Rent which is rightfully due. I think you should be making plans for your onward move as soon as possible.

Thats a fair point but as he is holding the deposit personally I am in serious doubt if tenancy continues I will ever get it back and likelihood of suing him for it is not existent.

A second charge on property for unpaid debt already exists and there is huge neg equity.

pararct

If the letter (addressed to the LL) arrived at the place you are renting it is likely he has not informed them he is letting it out.
This puts a whole new dimension upon things and if possession takes place you can be forced out quite quickly....

You should begin the process of finding a new rental as quick as you can. It is of course up to you to 'overlook' paying the rent during this period but you will need to consider references ect for your next rental....

stephenni1971

pararct wrote: »

If the letter (addressed to the LL) arrived at the place you are renting it is likely he has not informed them he is letting it out.
This puts a whole new dimension upon things and if possession takes place you can be forced out quite quickly....

You should begin the process of finding a new rental as quick as you can. It is of course up to you to 'overlook' paying the rent during this period but you will need to consider references ect for your next rental....

He called to say he 'told' the mortgage company he was renting but that means nothing if they didn't give him permission.

All very annoying this as you can see from my signature I am well versed on finances and money but rental agreements and rights I admit I am lost on!

And I would not be overlooking the rent for a month - would confirm in writing my reasons for doing so.

MissMoneypenny

BitterAndTwisted wrote: »

You won't necessarily have to leave the property quickly IF you make your presence known to the lender. Do that immediately IN WRITING.

Do it in a phonecall first as a matter of urgency, as it sounds like the mortgage lender don't know you are there as the landlord didn't get their permission to let the property. Get the persons name at the mortgage company and them confirm your presense in the house in writing, sending it specail delivery. Keep copies of everything. This might buy you some time if you are quick, before you are forced to leave.

Have you got household insurance with tha added extra of legal cover? If you have, when this is all over you should look at using this poilicy to recover money for all your costs and stress, from the landlord and/or letting agent (taking by deception). I doubt the landlord has told the taxman either, so tell them too.

Time to move and and this time, ask for proof from the landlord that he is allowed to have a tenant in the property.

BitterAndTwisted

It doesn't matter what your reasons for withholding the rent might be: your deposit is security against any damage which you may have caused, whether it's been properly protected or not.

Quite honestly, I think you should be making plans for your onward move asap. Let him keep the deposit for the last month's rent if you must.

If he's in as much of a jam as you think he is, of one thing you can be certain: that the moment your rent is due and not paid he will be on the doorstep n it won't mater how many perfectly reasonable letters you may have written.. It all depends on how much stress, unhappiness and posiible physical danger you are prepared to endure. People in that much of a financial mess can behave in extraordinary ways and I wouldn't want to put myself at that sort of risk.

MissMoneypenny

Are you still in a fixed contract? Or a periodic (rolling) contract? What dates?

stephenni1971 wrote: »

I accidentally opened a letter that arrived for my LL

I open all letters that are addressed to my house, regardless of the name on the letter: it ceases to be "post" once it drops through your letter box so you are allowed to open it. My neighbours do too fortunately, as that's how they found out someone had taken a loan out from their address recently and that person had never lived there!

stephenni1971

MissMoneypenny wrote: »

Are you still in a fixed contract? Or a periodic (rolling) contract? What dates?

I am 5 months in to a 24 month agreement ...

Yorkie1

stephenni1971 wrote: »

I am 5 months in to a 24 month agreement ...

:eek:

Is there a break clause in the agreement?

Have you contacted the lender yet?

Make sure you keep a very close eye open for letters addressed to 'The Occupier', and open them.

If you become aware of a repossession court hearing, make sure you attend and let the court know you are a tenant. If they award possession to the lender, the court can give you 2 months to find a new place. If you don't turn up, they won't.

G_M

stephenni1971 wrote: »

I accidentally opened a letter that arrived for my LL giving him seven days notice to quit property a couple of days ago.

I spoke to him and he has got back to me today to say it was all a big mistake as the rent DD had been cancelled when he moved accounts three months ago and its all been sorted

HOWEVER

The arrears are waaay more than three months rent - I also know he has a lot of other debt and final reminders and warnings sent out.

.

Just as an aside - as a financial advisor, should you not know the difference between rent and mortgage repayments....?

Or are you subletting from a tenant?

If in fact you are renting from an owner/landlord, who has mortgage arrears, then long before any 7 da posseesion notice order to the landlord, there would have been a letter to "The Occupier" informing of the court hearing - to which you could have gone, and requested 2 months grace

Mortgage Repossessions (Protection of Tenants etc) Act 2010