"misrepresentation" tennancy agreement

franklee

Yorkie1 wrote: »

The other issue is whether repossession proceedings have already commenced. It is just possible that the notice to 'The Occupier' might have been served by the lender to the property on a date before the OP moved in. OP should write to the lender, telling them that he has recently moved in and that he is now aware that there have been arrears on the mortgage. Ask the lender that if they have commenced repossession proceedings to re-serve the notice to occupier and to keep your informed.

Yes that's the problem any newly moved in tenant does not know how far along any possession proceedings are. OTOH If a tenant asked to see recent proof of consent to let before taking the tenancy then they know all is in order at that point giving themselves the best chance of having a reasonable length of tenancy before the lender takes any action.

devious1 Have a read of these:

Shelter's page, Repossession by a Landlord's lender:
http://england.shelter.org.uk/get_advice/eviction/repossession_by_a_landlords_lender

Mortgage Repossessions (Protection of Tenants etc) Act 2010 Government guidance:
http://www.communities.gov.uk/publications/housing/mortgagerepossessionguidance

Also, particularly if you asked the agent about consent to let before taking the tenancy, you may have a claim against the agent. Useful if the landlord is broke. See here:

http://forums.moneysavingexpert.com/showpost.php?p=46767155&postcount=39

I hope you let us know how you get on as there hasn't been much feedback how the Mortgage Repossessions Act 2010 is working out for tenants.

devious1

..........

devious1

jjlandlord wrote: »

Did you specifically ask them before signing the agreement? If not they did not lie and were not obliged to tell you. (though obviously in your place I would be pretty !!!!ed off as well).



What is your point here?
point is quite clear, i asked if there was anything at all that might impede the initial 6 month agreement, i was assured that all was in order, and this would be the precurser to a long term (many year) lease. the agent knew of the arrears and imminent repo' so hardly transparent.


Again, what's your point?
Any reasonable landlord will want tenants to stay as long as possible, but may be cautious and not want to be bound for a long fixed term at first. Quite reasonable and standard.

In addition if you try to claim misrepresentation to invalidate the contract, it can be argue that you are actually better off with a 6 month fixed term than if you had signed up for 12 months or more.
agreed, but knowing your property is about to be repossessed, and not telling the mortgage company the property has been let, is misleading, you must in good faith be able to, at least at the time of signing be able to assure the term of the lease. i have also learned that the letting agent should of also had written confirmation from the mortgage company to be able to act as an agent. i made my position perfectly clear, the initial term was agreed as a gesture of goodwill, i did not want a 6 month lease, i wanted a minimum 1 yr agreement, and although it could be argued that i'm better off as it turned out with just a 6 month obligation, it does not detract from the fact that i was knowingly mislead into signing in the first instance.
:mad:

devious1

just to update you, i have asked the letting agent to speak to the landlord to "surrender" the contract by mutual consent, thus releasing me from my obligations, however unlikely this will take place, i am at least exhausting every avenue for solution without undue cost or legal arguement?? i will keep you posted.

girl_withno_name

devious1 wrote: »

jjlandlord wrote: »

Did you specifically ask them before signing the agreement? If not they did not lie and were not obliged to tell you. (though obviously in your place I would be pretty !!!!ed off as well).



What is your point here?
point is quite clear, i asked if there was anything at all that might impede the initial 6 month agreement, i was assured that all was in order, and this would be the precurser to a long term (many year) lease. the agent knew of the arrears and imminent repo' so hardly transparent.

However, you've also stated that the LA said your rental payments would be used towards clearing the LL's mortgage arrears... I'm no expert, but I guess that they don't see the LL's finances first hand and can only take the LL's word for this. Therefore they may not have intentionally lied or misrepresented, but been fed misleading information by the LL?

martinsurrey

devious1 wrote: »

point is quite clear, i asked if there was anything at all that might impede the initial 6 month agreement, i was assured that all was in order, and this would be the precurser to a long term (many year) lease. the agent knew of the arrears and imminent repo' so hardly transparent.


:mad:

and nothing will get in the way of your initial contract, but your land lord might change, unless you asked about the financial situation of the landlord you have not been lied to, your contract is valid and binding (on who ever owns the house).

its a nasty situation, but your doing the right thing by looking at mitigating the disruption to yuor life,

good luck.

:-)

evherkes

I'm still writing, photocopying and printing!!!

Surely I can claim costs for the time and money I've spent preparing and positing documents about the situation?!

anselld

You still have not confirmed if repossession proceedings are actually underway and at what stage.

devious1

anselld wrote: »

You still have not confirmed if repossession proceedings are actually underway and at what stage.

i am waiting for the written confirmation back from the lender...

devious1

have also learned that the letting agent has not registered my deposit with the scheme that was outlined in my agreement (or any other scheme) it's been 90 days since i moved in!!!! naughty boy - my moneys on him robbing peter to pay paul... i served notice yesterday giving him 14 days to register my funds and provide me with the details or off whe jolly well go to court for some scrummy compo....
so in short..

lies..
no repairs done..
not registered my deposit..
and absolutely no response to a whole catalogue of complaints given both verbally and in writing..
so off to the ombudsman, newspapers, local mp and anywhere else i can think of...

will keep you posted.

thanks again for your input this has been a real minefield but i'm at least getting somewhere with your input.