Landlord in Arrears with mortgage lender *HELP!*

POPPYOSCAR

Slithery wrote: »

You have a contract with the landlord to pay him the rent agreed in your tenancy. If you fail to pay then they can pursue you through the courts.

Until you receive notice that a repossession is imminent it's none of your business whether your landlord is paying his mortgage or not.

Exactly this.

The landlord will be happy when he learns you have opened his post!

G_M

Have you read the guide? It's been linked for you several times!

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

Legally can I tell the rental agency I am going to withhold rent

Of course you can legally tell them that. But doing it would be breach of contract AND could result in eviction for rent arrears. As wellas being sued for the rent you owe.

You have a legally binding contract with your landlord. Stick to it.


Having said that it would seem sensible, not to mention helpful, to ensure that your landlords knows about his arrears - he may not! Pass on the letter to him, either directly or via hs agent.

Thrugelmir

POPPYOSCAR wrote: »

Exactly this.

The landlord will be happy when he learns you have opened his post!

If it was a BTL mortgage correspondence would be going to the correct address.

Slithery

Are you still in a fixed term contract or has it rolled over to an SPT?

quotememiserable

Thrugelmir wrote: »

If it was a BTL mortgage correspondence would be going to the correct address.

Indeed. This is a residential mortgage where he has not told the lender that he's rented it out. That's why the mail has to go to the rented house.

Smoothape

Slithery wrote: »

Are you still in a fixed term contract or has it rolled over to an SPT?

It's whatever the Scottish equvilent is. Previously Scottish rent contracts were 6 month short term tenancy but that changed to I believe 1 month notice for either party. The contract I signed stipulated 2 months notice for either party.



My issue isn't trying to get out of paying rent but just knowing what I can do to play a bit hard to protect myself. For example saying I will withhold rent for two months and pay it back if I am certain I will not suddenly have my locks changed one day after I get home for work. Surely there has to be a way I can protect myself a bit better in this circumstance rather than pretending I didn't open the letter in the first place and that it's none of my business. It is my business if it impacts my basic safety and well-being.

Pixie5740

Smoothape wrote: »

It's whatever the Scottish equvilent is. Previously Scottish rent contracts were 6 month short term tenancy but that changed to I believe 1 month notice for either party. The contract I signed stipulated 2 months notice for either party.



My issue isn't trying to get out of paying rent but just knowing what I can do to play a bit hard to protect myself. For example saying I will withhold rent for two months and pay it back if I am certain I will not suddenly have my locks changed one day after I get home for work. Surely there has to be a way I can protect myself a bit better in this circumstance rather than pretending I didn't open the letter in the first place and that it's none of my business. It is my business if it impacts my basic safety and well-being.

!!!!!!, it would have been helpful if you had said you were in Scotland in the first place. Not that it really matters I suppose since, despite what everyone is telling you, are are adamant you should withhold your rent making this thread like a broken pencil....pointless.

diggingdude

How is this affecting your safety? You are not becoming homeless. Not paying rent is likely to increase the mortgage arrears this making you homeless down to your own fault only

POPPYOSCAR

Thrugelmir wrote: »

If it was a BTL mortgage correspondence would be going to the correct address.

Maybe not if our mortgage company are anything to go by.

Their admin is pants and they are always sending letters to the wrong address amongst other things.

Cakeguts

Smoothape wrote: »

It's whatever the Scottish equvilent is. Previously Scottish rent contracts were 6 month short term tenancy but that changed to I believe 1 month notice for either party. The contract I signed stipulated 2 months notice for either party.



My issue isn't trying to get out of paying rent but just knowing what I can do to play a bit hard to protect myself. For example saying I will withhold rent for two months and pay it back if I am certain I will not suddenly have my locks changed one day after I get home for work. Surely there has to be a way I can protect myself a bit better in this circumstance rather than pretending I didn't open the letter in the first place and that it's none of my business. It is my business if it impacts my basic safety and well-being.

I don't understand how you think that not paying your rent will give you more security when in actual fact it will work the other way and you will find yourself being evicted for rent arrears.


It doesn't matter who your landlord is you have still got to pay the rent until the end of the tenancy. You may be paying your rent to the mortgage lender if the property is repossessed because in that case the mortgage lender would be your landlord.



Not paying the rent is going to be the fastest way to not only get evicted but also to be taken to court for the missing rent and get a decree.



Not paying the rent solves nothing.



Also you are not listening to all the people who are telling you this so you must be looking for an excuse not to pay rent for some reason? Whatever this reason is it isn't a good idea.