[Australia Question] - Tracking Landlord Down!

AdrianC

slenderkitten said:

MovingForwards said:

If there is no mortgage mentioned then any mortgage previously on the property has been paid off.

there is a mortgage, i put on my post that i have bank statement with mortgage roll number on it from years ago. dont think he ould have paid a full whack mortgage in a few weeks on a title deed lol

Really?

Think a bit wider than simply paying monthly minimums out of his salary.
Perhaps he sold another property, or cashed an investment in?
Perhaps he came into an inheritance or won the lottery?

And I'm still waiting to hear what you think you can actually achieve if you get this address...

slenderkitten

TripleH said:

How much time and money are you prepared to 'spend' pursuing this dilemma? What is your cut off point because I'm not certain you'd get any money you spend back once you find him (if you do).
I don't know Scottish law, but if things are as messy as they are and you're not paying rent, surely the mortgage lender will soon take steps to take over the property?
I'd focus on finding somewhere new to move to once things improve here.

Oh so you saying I should let them get away with it and my deposit they did not register, how do you propose i get that back....?  i'm staying as long as I can to at least keep the rent in my pocket, the tribunal process in Scotland IS FREE so it won't cost me a penny to go through it.  I have the agent (not a letting agent) but i have his home address his business address etc) the council can door stop him, but tribunal can service by advertisement for those who do not have owners address it came in to play last year they were already successfully using it in the courts. 
I ain't going anywhere. 

slenderkitten

AdrianC said:

slenderkitten said:

MovingForwards said:

If there is no mortgage mentioned then any mortgage previously on the property has been paid off.

there is a mortgage, i put on my post that i have bank statement with mortgage roll number on it from years ago. dont think he ould have paid a full whack mortgage in a few weeks on a title deed lol

Really?

Think a bit wider than simply paying monthly minimums out of his salary.
Perhaps he sold another property, or cashed an investment in?
Perhaps he came into an inheritance or won the lottery?

And I'm still waiting to hear what you think you can actually achieve if you get this address...

I doubt it, there has been substantial roof repairs going on over the years, and since i moved in they have had to do umpteen repairs around the property there has been 8 repeat visits for the electrics only and they still have to come back, so they ain't making any money out of me.  if he was in a position he would have sold it years ago, its a very old property they didn't look after it well so it's eating into the value of the property, i estimate its probably dropped by at least half by now.  most of the time the place was empty no one was living it.  in ten years only 3 people that i have been able to track has lived in it i've probably been the longest stayer. 

if he won the lottery he would have done the property up so i very much doubt he has any money as he does the bare minimum when the leaks had been coming in, otherwise it makes no sense to leave it in this condition, they only started to do more works when i threatened to go to tribunal and got environmental health invovled, so they are listening but i need his address, although there is a chance they can take action against the agent, but as i said above going through tribunal COSTS NOTHING they moved from court system three years ago to tribunal system.   The council also informed me that they can do the works and charge the works to the owner, i guess maybe they can put it on the sale of the property to ensure they get the money.

p00hsticks

slenderkitten said:

i'm a bit baffled by your response at the time the title deeds are done it states that how the property is paid for is a mortgage it will not say if it paid off as its an exchange of contracts nothing more.

  If there's an outstanding mortgage the mortgage company will have placed a charge on the property and this should show on the registry deeds. Once the mortgage has been cleared the charge will be removed and the registry entry updated to show this.

TripleH

I haven't read your other thread, but I perhaps (mis)read that there were issues with repairs being required for the property. If you are happy with the condition, then go ahead and stay as long as you can. If the property gets repossessed, you'll have tonstart paying over the rent but should at least be more certain of getting a deposit back. Make sure you do have the money set aside to pay the full outstanding balance in full if everything gets resolved.
It just sounded that you were prepared to dedicate your money to trying to track your landlord, usually not paying them tends to be a quick way.
Not to morbid, but they could have passed away and their family are unaware of the property in the UK?

AdrianC

slenderkitten said:

AdrianC said:

slenderkitten said:

MovingForwards said:

If there is no mortgage mentioned then any mortgage previously on the property has been paid off.

there is a mortgage, i put on my post that i have bank statement with mortgage roll number on it from years ago. dont think he ould have paid a full whack mortgage in a few weeks on a title deed lol

Really?

Think a bit wider than simply paying monthly minimums out of his salary.
Perhaps he sold another property, or cashed an investment in?
Perhaps he came into an inheritance or won the lottery?

And I'm still waiting to hear what you think you can actually achieve if you get this address...

I doubt it, there has been substantial roof repairs going on over the years, and since i moved in they have had to do umpteen repairs around the property there has been 8 repeat visits for the electrics only and they still have to come back, so they ain't making any money out of me.  if he was in a position he would have sold it years ago, its a very old property they didn't look after it well so it's eating into the value of the property, i estimate its probably dropped by at least half by now.  most of the time the place was empty no one was living it.  in ten years only 3 people that i have been able to track has lived in it i've probably been the longest stayer. 

if he won the lottery he would have done the property up so i very much doubt he has any money as he does the bare minimum when the leaks had been coming in, otherwise it makes no sense to leave it in this condition, they only started to do more works when i threatened to go to tribunal and got environmental health invovled, so they are listening but i need his address, although there is a chance they can take action against the agent, but as i said above going through tribunal COSTS NOTHING they moved from court system three years ago to tribunal system.   The council also informed me that they can do the works and charge the works to the owner, i guess maybe they can put it on the sale of the property to ensure they get the money.

Assume, assume, assume.

And still no thought about what you're actually going to do with this address.

slenderkitten

TripleH said:

I haven't read your other thread, but I perhaps (mis)read that there were issues with repairs being required for the property. If you are happy with the condition, then go ahead and stay as long as you can. If the property gets repossessed, you'll have tonstart paying over the rent but should at least be more certain of getting a deposit back. Make sure you do have the money set aside to pay the full outstanding balance in full if everything gets resolved.
It just sounded that you were prepared to dedicate your money to trying to track your landlord, usually not paying them tends to be a quick way.
Not to morbid, but they could have passed away and their family are unaware of the property in the UK?

lol these people are dodgy as hell, they are not dead very much alive i know the history of this place which you won't even realise. they just dont want any legal action as i suspect there is still a police case against the owner, the agent was asking if i wanted to consider moving to another property he knows of, just to get around it. there no way i'm doing that. the property is no longer registered so this guy i cannot pay the money to that's why i'm withholding the rent, unless i get the details for the owner and i've made contact with him to get his own bank details they won't get a penny that is the legal position as the agent deregistered himself on landlord registration so now its not registered again. the ball is in their court, if they provide someoene elses details they will start seeing letters from me, tribunal, council and whoever else wants to get in contact with them. so they are in a sticky place 

slenderkitten

slenderkitten said:

i'm a bit baffled by your response at the time the title deeds are done it states that how the property is paid for is a mortgage it will not say if it paid off as its an exchange of contracts nothing more.

  If there's an outstanding mortgage the mortgage company will have placed a charge on the property and this should show on the registry deeds. Once the mortgage has been cleared the charge will be removed and the registry entry updated to show this.

p00hsticks said:

slenderkitten said:

i'm a bit baffled by your response at the time the title deeds are done it states that how the property is paid for is a mortgage it will not say if it paid off as its an exchange of contracts nothing more.

  If there's an outstanding mortgage the mortgage company will have placed a charge on the property and this should show on the registry deeds. Once the mortgage has been cleared the charge will be removed and the registry entry updated to show this.

wont make any difference to me i wont see any changes i'm not paying £3 a time to get a new one.

[Deleted User]

This thread has descended into a downward spiral.  Posters need to remember that the OP is in Scotland and the housing law and procedures for getting things such as repairs carried out is not the same as in England & Wales.  For the OP to go to the First Tier Tribunal for repairs, or whatever else, the application form specifically asks for the landlord's contact details and the contact details for the landlord's agent if there is one.  The OP is legally entitled to be given the landlord's contact details either from the landlord's agent who also needs to be on the Scottish Letting Agent Register, it's a criminal offence to operate as letting agent and not be registered, or if the OP pays the rent directly into the landlord's bank account the bank needs to provide the landlord's contact details if asked.  Both these avenues cost no more than the postage and that's what I'd be doing in the OP's shoes.  I'd also be withholding the rent to see if it draws him out of hiding.  Not a course of action I'd usually advocate but it's more difficult to evict a tenant in Scotland.

I'd also be pushing the council to hit the landlord with a Rent Penalty Notice (RPN) if he's not properly registered.  That means the OP wouldn't have to pay any rent whilst the RPN in force.  This isn't a deferment of rent, a RPN means that the landlord is not legally entitled to receive rent for the period the RPN in force.  

https://scotland.shelter.org.uk/get_advice/advice_topics/neighbourhood_issues/antisocial_behaviour/private_landlords_and_antisocial_behaviour/rent_penalty_notices_and_rent_payable_orders 

macman

If the OP's sole purpose in seeking an address is to serve notice on him for an action via a tribunal, then surely the address originally given on the tenancy agreement is valid? Papers will be served at the last known address, and if the LL does not respond, then the action will be won by the OP by default.