Suspect LL doesn't have Permission to Let

Okydoky25

As above. Recently moved into a property and had nothing but trouble from the EA and totally being ignored by the LL (see other thread) anyhow been digging as you do and got a copy of the Land Registry document which shows they are still down as living at this address.

If this means they don't have permission from their lender where does that leave us? We signed a 12 month AST. Is it worth bringing up at all with the LL OR EA? Could I use this in my favour at all to get my problems sorted out?

G_M

It does not necessarily mean the LL has no CTL/BTL. Just that he has not told the Land Registry his current address.

Frankly many many people do not update the LR when letting their property. Of the 101 things to do as a LL, this is pretty low on their radar.

Now that you (presumably) know who the LL's mortgage lender is, why not ask the LL if he has a BTL mortgage?

Finally, if he does NOT have BTL?CTL then:

see here

propertyman

G_M wrote: »

Frankly many many people do not update the LR when letting their property. Of the 101 things to do as a LL, this is pretty low on their radar.[ /QUOTE]

To be honest it's more like " update the what?"

Hump

Assuming you have an address for the landlord (s47-s48 Landlord and Tenant Act 1987)?

Okydoky25

I do yes but they wont acknowledge the letters ive sent so far so doybt they will if i ask about this either. At the moment I have no proof. My main worry is that going from post I have received in their name and rumours from our check in Clarke..not to mention the house was for sale (at £40k less than purcased for 5 years ago) or rent I suspect it will likely be repossed before our AST runs out!

Werdnal

There is not a lot you can actually do about it, as even if you can get the LL to reply and confirm or deny they have CTL, it does not give you any additional rights to end the tenancy, so you have to stick it out for now.

If you should get any correspondence addressed to "The Occupier" open it, as the mortgage companies generally send out "feeler" letters to see if anyone other than the mortgagee/owner is living at the property. Follow the instructions in any such letter to make the lender aware of your existence and buy yourself some time to continue living there. Even if the property does go to repo, the lender will not throw you out overnight, but a repo with CTL does give you more security of tenure.

Do not open any post addressed to the LL by name, but you can always mark it "return to sender - no longer at this address" and drop back in the post.

Read the post linked in GM's reply above for more info.

franklee

Werdnal wrote: »

If you should get any correspondence addressed to "The Occupier" open it, as the mortgage companies generally send out "feeler" letters to see if anyone other than the mortgagee/owner is living at the property. Follow the instructions in any such letter to make the lender aware of your existence and buy yourself some time to continue living there. Even if the property does go to repo, the lender will not throw you out overnight, but a repo with CTL does give you more security of tenure.

The problem is the OP does not know if any of these letters arrived before he moved in. At least if he had seen a recent consent to let letter he would know the mortgage was in order at that time.

A complete lack of response to a tenant who has recently moved in would worry me. Most reputable landlords would make sure they're contactable in the first few weeks especially in case anything goes wrong. Handover is a time when faults get flagged up. Even a reply saying to go through the agent in future would have been something.

OP if you are really worried you might have missed the earlier stages of the landlord getting into trouble with paying the mortgage you could write to the lender letting them know you are there. You can see who the lender is from the land registry document you got.

propertyman

The lender is required to give notice on the property to a tenant or occupier, even if they believe that the borrower is resident.

That gives you the right to apply to the court at that hearing, and if you miss the above must send a further letter to the property 14 days prior to executing a warrant for possession, so you can apply to the court, for up to two months stay.

At that stage you can explore whether the tenancy is binding on the lender and you can stay until the end of the term.

or in true MSE style " how much for me to leave?"

ADVICE:
1:check your contents or other policies for legal expenses cover, or take it out, to deal with this and other issues.
2: keep a sharp look out for all letters that might fit the bill

You should never open letters addressed to the landlord by steaming them open or cutting the side panel out, not the long strip with the 2 anti tamper cuts in them, or using a Stanley knife blade either

tbs624

Did you pay a tenancy deposit OP ? If yes, has your LL scheme registered it and provided you with the scheme's "prescribed information"?

You can check registration for yourself online at DPS, mydeposits and TDS.

If the LL is trying to let "under the radar" it is possible that s/he has not dealt with the deposit appropriately.

Okydoky25

tbs624 wrote: »

Did you pay a tenancy deposit OP ? If yes, has your LL scheme registered it and provided you with the scheme's "prescribed information"?

You can check registration for yourself online at DPS, mydeposits and TDS.

If the LL is trying to let "under the radar" it is possible that s/he has not dealt with the deposit appropriately.

My deposit is in a scheme and since we moved in the "management" if you can call it that has been taken over by an EA. this is where my problems stem from really. I wanted proof from them that I should now be paying them and not the LL direct but they wouldn't provide any and the LL was ignoring me. Finally seen the contract but the LL has ticked the box that says thy have the mortgage lenders permission when they clearly don't.

Yesterday a County Court form came in the post addressed to my LL!