Renting Worries

Sinhanada

I'm hoping someone can help answer a question for a friend of mine.

They're currently renting a property privately - not through an estate agent. Their landlord still has his post sent to the property they're renting (They've been there for over 7 years). Recently they opened one of his letters which was from his mortgage company to state that they have not been receiving the mortgage payments and that they would be sending over a collection agent.

This person came to visit and was genuinely shocked to see it was being rented out and took all of their details, including how much rent they paid, who exactly lived there etc.

The Landlord has since come to collect his post and is assuring them that everything has been paid and is in order.

Where would they stand currently as it does seem that the landlord doesn't have a buy to let mortgage (Would this be an issue with the bank?). Can they be evicted - is there anything that they can do?

Many thanks in advance for all of your help (Hopefully!)

fishpond

" is there anything that they can do?"
They can start by not opening the landlords mail!

Sinhanada

fishpond wrote: »

" is there anything that they can do?"
They can start by not opening the landlords mail!

That's a great help, thank you very much!

Pixie5740

If the LL was that bothered about his post he would update his address with the bank (and apply for consent to let whilst he's at it) or, at the very least pay for a Royal Mail re-direct.


I'm not quite sure what the legal stance is when mortgage lenders go for possession of a property when there are tenants living there that they don't know about because the LL hasn't got either CTL or a BTL (naughty LL). So I recommend that your friends contact Shelter to find out the legal stance.


0808 800 4444
Shelter's helpline is open 8am–8pm on weekdays and 8am–5pm on weekends, 365 days a year.


I'd also be tempted to start returning all post address to the LL back to sender and look for somewhere else to live. Somewhere with a decent LL instead of this chancer.


£10 says the LL isn't declaring the income to HMRC.

martindow

fishpond wrote: »

" is there anything that they can do?"
They can start by not opening the landlords mail!

If LLs do not organise redirection, from time to time letters will be opened in error. It is fortunate that they did and have discovered the situation they are in. From the OP it doesn't sound as if the T has been systematically opening letters. I would not believe a word the LL says regarding sorting things out and they definitely need to open letters to the occupier which the mortgage company may send.

Has the deposit been protected? If not the T needs to find out from Shelter the time scale involved were the house to be repossessed and withholding rent if necessary to ensure they are not out of pocket.

And another vote for letting HMRC know there is rental income that should have been declared.

stator

I believe they are safe, they will be given the same notice that their tenancy agreement entitles them to. Shelter are a good service though, they should phone them themselves for advice.
The fact that he isn't paying his mortgage, I would start looking for somewhere else to live

G_M

Read

Repossession (What happens if a landlord's mortgage lender repossesses the property?)

fishpond

As has already been posted, seek advice from Shelter.

I would be more inclined to say nothing about the fact that the letter was not sealed and the contents came out.
Keep to this below:-
"This person came to visit and was genuinely shocked to see it was being rented out and took all of their details, including how much rent they paid, who exactly lived there etc."

jjlandlord

Sinhanada wrote: »

This person came to visit and was genuinely shocked to see it was being rented out and took all of their details, including how much rent they paid, who exactly lived there etc.

So someone knocks on their door and they happily give all of these details?
Not a good idea.

G_M

Just to add, if the LL has claimed "everything has been paid and is in order" I would request he show evidence like an up to date mortgage statement.

Sinhanada

Thank you to all of your helpful replies, they really have made my friends more comfortable. It's a hard place to be but they have rung Shelter, so hopefully they have the answers they need!