Consent To Let - Tenants Protection

Lah0331

My uncle will soon be moving into a property with his partner and me and my partner are looking to rent his mortgaged property, he has been in touch with his mortgage provider and they are fine with him renting out the property for 3 years aslong as the consent to let is paid every year, I am footing the bill for this as we are renting the house at how much his mortgage is.

My concern is there will be no tenancy agreement in place as far as I am aware? From what the mortgage provider has said he will pay his mortgage as normal and we pay him the rent. This make it feel like I have no protection and could be kicked out the property at any given moment, I've looked online and can't find any info so was wondering if anyone could give some advice?

CarrieVS

- No, you can't be kicked out without notice just because you have no written agreement. As a tenant you will always be entitled to at least two months notice and if you don't leave voluntarily at the expiration of that notice your landlord will have to go through the proper legal process to evict you, which could take months more.

- A verbal agreement is still a tenancy agreement, it's just harder to prove the terms of it.

- Why won't there be a written agreement? Write one up - you can download a template from the internet and modify it to suit your situation - and show it to your uncle - if he's reluctant, just explain that although you don't expect to have any issues, having a written agreement protects both of you in the unlikely event that you end up disagreeing. He might propose amendments to what you come up with, but once you've agreed on a contract that you're both happy with, you should sign it and each keep a copy signed by both parties.

Slithery

Has he told his mortgage company that he's planning to let it to family?

Most of them aren't usually too keen on this.

G_M

1) many mortgage lenders will not agree to a borrower letting their property to family. Is the lender aware that it is a family member who will be the tenant?

2) a tenancy will exist - albeit verbal. Rent is being paid and a property provided in return. you willhave all the protections of a tenancy, with the added advantage that there are no onerous terms written into the contract!

3) the owner/landlord is a landlord and must
* declare the rent to HMRC
* protect any deposit you pay him
* give you a gas safety report, EPC, gov leaflet etc
* give you, in writing, an address in Eng/Wales 'for serving notices'. without this you do not have to pay rent.
* comply with all tenancy regulations

Landlord (and you?) should read:
* New landlords: advice, information & links

Thrugelmir

Lah0331 wrote: »

I am footing the bill for this as we are renting the house at how much his mortgage is.

Who is paying for the insurance, maintenance of the property, and the wear and tear. Has your Uncle any tax liability fir letting the property? As the money you pay will deem to be rent in his hands.