Landlord in Financial Trouble Possibly

Nottinghamrenter

Hi guys - looking for a bit of advice/reassurance really.

My partner and I are renting our flat, about 9 months into a 12 month AST, and over the course of the time here we've been getting lots of mail for the Landlord. Now my partner had been taking care of this, claiming to have been forwarding on - tuns out not the case and nearly none of the mail has been sent to the Landlord except the bits I did. This mail has been coming from what we assume to be the mortgage company and what we know to be the lease management company.

I'm not happy that my partner hasn't been sending this on when she says she has, it would have been the decent thing to do but ultimately I don't think the landlords mail is our issue either and he should have either arranged a forwarding with the RoyalMail or updated his contact details with ththe companies.

One of the pieces came through today, envelope damaged so couldn't make out the name and I opened it - see that it's a letter demanding payment of around 5k within 7 days or possibly forfeit the lease addressed to my landlord. I've called the Landlords and left a voicemail, not expecting a response tonight but need to understand a few things;

Are we responsible for LL mail?
What happens if the leaseholder reclaims the property?
What happens if the mortgage provider reclaims the property?

We were planning on either renewing or going periodic - but need to consider what we could be getting into? Also if I'm making a mountain out of a molehill, feel free to tell me that as well.

Finally - as a long time lurker, I understand that questions about deposits are always asked and no - ours isn't protected/haven't ever been provided with details.

Thrugelmir

I'd be less concerned with the LL's mail and more concerned with the fact that the LL is in financial difficulty. In due course you may need to move. Better to be in control yourself than dictated to by others.

Marvel1

Penitent wrote: »

I'd be looking for a new property at this point and probably wouldn't be holding out much hope for the return of my deposit any time soon (a court can order its return, but he can't return what he doesn't have).

If not protected, then I wouldn't bother paying the rent which equals the deposit.

Although wait for someone to confirm if this is correct or not.

G_M

Forwarding on the mail is the decent thing to do. But there's no obligation on you to do it, and any consequences are the LL's problem, not yours (except indirectly of course).

If you want to go periodic, go periodic.

If the deposit is not protected, read:

* Deposits: payment, protection and return

If the landlord is in financial difficulty, read:

* Repossession: what if a LL's mortgage lender repossesses the property?

sheff6107

Worst case scenario is that the bank becomes your landlord in effect. They'll probably want you out but you'd have 1 month at least. Same thing happened to my wife but the bank sold to another landlord straight away. She ended up still living there but didn't pay any rent to pay for 3 months in between landlords.

agrinnall

I'd be most concerned at the lies your partner is telling you. Everything else will have a relatively simple resolution, but if she's consistently lying that could be a big problem.

Nottinghamrenter

Thanks for the comments guys - taking on board all points and we're going to start looking at other properties most likely and will wait to see if the landlord calls back today.


We're happy with the property, great specs and location and if we can stay we will - but equally we know we're paying over the odds and could save £200 in rent alone a month by going down a spec but staying within the same city quarter - so that's a great incentive.

davidmcn

agrinnall wrote: »

if she's consistently lying that could be a big problem.

If she's consistently lying, surely that makes it much easier to figure out what the truth is?

agrinnall

davidmcn wrote: »

If she's consistently lying, surely that makes it much easier to figure out what the truth is?

Good point!

theartfullodger

Any landlord stupid enough to have important mail still sent to the property is likely....
a) On the fiddle (pretending it's a residential mortgage with lender for example)
b) Daft: (He's too open to fraud: Someone - wonder who - setting up false ID & selling the place & pocket the money..)

I'd assume he's on the fiddle and various other things (eg declaring rent to tax man) "forgotten" about..

You and/or partner don't have to forward his mail: You are quite entitled to send it back, "Not known at this address".

However, this don't look promising. One of the rare occassions I'd not pay more rent & seriously find somewhere else soon.

Don't like crooks & cheats, be they agent, landlord, tenant, MP....

csgohan4

Report the LL for tax evasion unless he gives your deposit back and then report him anyways for not protecting it

Could the LL take the tenants to small claims for unpaid rent if they didn't pay the rent because deposit was not protected? WHat is the legal position on this?