Suspect landlords doesn't have banks consent to let... mortgage arrears of 7k

agrinnall

michaelaet85 wrote: »

Cannaot contact landlord as I have no phone number, email or address for them, only the agents address. As I say agent said they were out the country living. Its only in the last day or so I have found out that law states I am entitled to know landlords actual address so i will be requesting this.

I contacted mortgage lender and they are unable to tell me anything due to dpa. I did however infirm them that the property is tenanted and has been for some time and they are out the country

I'm not sure that you are entitled to know the LL's actual address if they are not resident in the UK. What you are entitled to is the address that they have given in the UK, which may well be the address of the LA in this case, who are probably dealing with all the LL's letting affairs (including tax) while they are out of the country.

michaelaet85

We would be liable flr rent and bills as stated. Just signed a 1 year tenancy wjth no break clause and are nlw reliant on landllrds ref from this agrnt / landlord in order to rent elsewhere. Reljant on lanlord agreeing to end tenancy and for agrnt to pass these requests on to them for me. They seem very underhand so will probably say no without even asking owner

michaelaet85

Section 1 of the landlords and tenants act 1985 states you are entitled to request and be told by law within 21 days the landlords actual address... assume this can be an addressanywhere in the world .. can anyone clarify

G_M

agrinnall wrote: »

I'm not sure that you are entitled to know the LL's actual address if they are not resident in the UK. What you are entitled to is the address that they have given in the UK, which may well be the address of the LA in this case, who are probably dealing with all the LL's letting affairs (including tax) while they are out of the country.

You are confusing the Landlord and Tenant Act 1987 S 48

A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

with the Landlord & Tenant Act 1985 S 1

If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

michaelaet85

If the proverbial hits the fan ans the bank start repossession action could we offer to take on the mortgage and buy the property ourselves? Would it be the same as any other mortgage .. eg, needing at least 5% deposit and all the legal fees or would there be room for flexability. Its all ifs and buts but the landlords mortgage repayments are a third of what we pay in rent currently .

davidmcn

michaelaet85 wrote: »

If the proverbial hits the fan ans the bank start repossession action could we offer to take on the mortgage and buy the property ourselves?

Offer to whom? The bank are obliged to get the best price, which in practice probably means they'll want to get you out and then advertise it with vacant possession.

19lottie82

michaelaet85 wrote: »

If the proverbial hits the fan ans the bank start repossession action could we offer to take on the mortgage and buy the property ourselves? Would it be the same as any other mortgage .. eg, needing at least 5% deposit and all the legal fees or would there be room for flexability. Its all ifs and buts but the landlords mortgage repayments are a third of what we pay in rent currently .

you could offer, but you wouldn't receive any preferential treatment.

assuming you met the borrowing criteria, you would still need most likely 10% (not 5) deposit, plus cash for the legal fees.

lr1277

As an aside, are you aware, you or the letting agent have to pay the tax on the rental income? Check with the agent they are paying and get it in writing.


http://www.hmrc.gov.uk/international/nr-landlords.htm

michaelaet85

I don't have to as I am paying an agent and not the landlord direct

G_M

michaelaet85 wrote: »

If the proverbial hits the fan ans the bank start repossession action could we offer to take on the mortgage and buy the property ourselves? Would it be the same as any other mortgage .. eg, needing at least 5% deposit and all the legal fees or would there be room for flexability. Its all ifs and buts but the landlords mortgage repayments are a third of what we pay in rent currently .

As others have said, the mortgage lender must by law sell at the best price, so would have to offer the sale publicly to prove they had done so.

You could offer to buy it off the owner/landlord before the bank repossesses, but to do this you, or the seller, would need to pay off the current mortgage. So much would epend on the value of the property and the amount of the outstanding mortgage, including the mortgage arrears.