Landlord not paying Mortgage!!!!

lolo06

Aghhh i wrote a really long and detailed post but my computor froze and cancelled everything. :mad:

right ill try again, but ill stick to a shortened version.

my landlady has disapeared. she is getting all her letters to my address, she hasnt checked the house in nearly a year ever though she put on the contract she wants to check every 3 months.
i have callled her, left messages and texted her about the fridge being broke and she didnt reply.
i then start getting debt collectors coming round to speak to her.
AND THEN YESTERDAY, a mortgage counciller come round ((we werent in he left letter i opened it by accided)) to speak to her about her MORTGAGE ARREARS!!!

i called him to exlpain the situation and to tell no to bother coming round agian. he agreed to tell the company about whats happened.

now were do i stand !!! im have no money / saving and im overdrawn. i have a child and cannot afford to move.
i called shelter and basically they said that she is not allowed to rent out the property, (some mortage contracts state this), also if the house gets repossesed i am not in a good position and iwill be told to leave.

my rent is due today &i cancelled the S/O. thats what shelter advised. what do i say to her when she calls. i dont even think she has my deposit!!!
i dont know what im doing or if anyof this makes sense.

im soo angry. :mad:

prudryden

Maybe something has happened to her. Follow Shelter's advice for now.

guppy

Just keep talking to Shelter. They are the experts.

In the meantime, sit tight and don't pay any rent until you hear anything more. Save the rent money separately in case you have to pay up later, and for a deposit on another place if necessary. Might be worth speaking to the council about options if you do become at risk of homelessness. Obviously Shelter can advise you there.

Try not to panic, repossession will take time and they will have to go to court to evict you unless you move voluntarily. Any reputab;e company will not want to be seen acting insensitively to an innocent family in a vulnerable situation.

planemad

Chin Up matey!!

We live in a welfare state and you will always have a roof over your head speak to your local council and Shelter who should both be able to offer the help and advice you need.

Good Luck.

Ian_Griffiths_Halifax

How long have you lived there and have you got a tenancy agreement? If Shelter have said that she is not allowed to rent out the house, how do they know she doeesn't have a But to Let mortgage? If she doesn't have a Buy to Let mortgage, there's more chance that you don't have a tenancy agreement.

If you've lived there more than 2 years and have no tenancy agreement there may be some relief for you as it is your 'home', not your house.

If the owner has a residential mortgage and not a Buy to Let mortgage, and she didn't get you to sign a Deed of Consent (not necessary for Buy to Lets, but necessary for residential mortgages) her lenders wouldn't be able to repossess your 'home'.

I arrange mortgages, I'm not a Solicitor, so you would be wise to speak to a Solicitor if you didn't have a tenancy agreement.

Captain_Mainwaring_2

lolo06 wrote: »

Aghhh i wrote a really long and detailed post but my computor froze and cancelled everything. :mad:

right ill try again, but ill stick to a shortened version.

my landlady has disapeared. she is getting all her letters to my address, she hasnt checked the house in nearly a year ever though she put on the contract she wants to check every 3 months.
i have callled her, left messages and texted her about the fridge being broke and she didnt reply.
i then start getting debt collectors coming round to speak to her.
AND THEN YESTERDAY, a mortgage counciller come round ((we werent in he left letter i opened it by accided)) to speak to her about her MORTGAGE ARREARS!!!

i called him to exlpain the situation and to tell no to bother coming round agian. he agreed to tell the company about whats happened.

now were do i stand !!! im have no money / saving and im overdrawn. i have a child and cannot afford to move.
i called shelter and basically they said that she is not allowed to rent out the property, (some mortage contracts state this), also if the house gets repossesed i am not in a good position and iwill be told to leave.

my rent is due today &i cancelled the S/O. thats what shelter advised. what do i say to her when she calls. i dont even think she has my deposit!!!
i dont know what im doing or if anyof this makes sense.

im soo angry. :mad:

Shelter should not have done that as adviseable as it may be.

How on earth did shelter know that the LL couldn't rent out? The details of the mortgage advance would be nothing to do with you , yet alone shelter.

You get shelter to put this bit of "advice" in writing, I bet they won't.

Remember that opening a letter by mistake is one thing, acting on the contents is quite another.

Captain_Mainwaring_2

Ian_Griffiths_Halifax wrote: »

How long have you lived there and have you got a tenancy agreement? If Shelter have said that she is not allowed to rent out the house, how do they know she doeesn't have a But to Let mortgage? If she doesn't have a Buy to Let mortgage, there's more chance that you don't have a tenancy agreement.

If you've lived there more than 2 years and have no tenancy agreement there may be some relief for you as it is your 'home', not your house.

If the owner has a residential mortgage and not a Buy to Let mortgage, and she didn't get you to sign a Deed of Consent (not necessary for Buy to Lets, but necessary for residential mortgages) her lenders wouldn't be able to repossess your 'home'.

I arrange mortgages, I'm not a Solicitor, so you would be wise to speak to a Solicitor if you didn't have a tenancy agreement.

I don't have a "buy to let" mortgage by still can do so - how did you work that little gem out then? No deed of consent, no nothing, and yes the BS can and will kick the tenants out if I default.

Somerset

Sorry Ian but I think you're wrong.

A lot of this is guesswork but it seems to play like this :

The property is on a resi mortgage. Lender is not aware owner doesn't live there and has let it out - reasoning, her mortgage correspondence is going to that address and mortgage 'counsellor' visits that address.

There is no 'consent to let' - see above.

The lender can repossess. The lender has no contract with the tenant. The tenant has a contract with the landlord and can sue the landlord but will get diddly squat.

I'm with Shelter. The landlord is in trouble, the house may well be repossessed and the tenant may well be on the streets. She should look after herself and child - withold rent, save it up, it may well be needed to fund the next rental/deposit. Sit tight, wait and see what happens. It'll take a while for repossession to happen, alternatively the landlord MIGHT pay off the arrears, sort things out and OP can reconsider situation.

Captain_Mainwaring_2

Somerset wrote: »

Sorry Ian but I think you're wrong.

A lot of this is guesswork but it seems to play like this :

The property is on a resi mortgage. Lender is not aware owner doesn't live there and has let it out - reasoning, her mortgage correspondence is going to that address and mortgage 'counsellor' visits that address.

There is no 'consent to let' - see above.

The lender can repossess. The lender has no contract with the tenant. The tenant has a contract with the landlord and can sue the landlord but will get diddly squat.

I'm with Shelter. The landlord is in trouble, the house may well be repossessed and the tenant may well be on the streets. She should look after herself and child - withold rent, save it up, it may well be needed to fund the next rental/deposit. Sit tight, wait and see what happens. It'll take a while for repossession to happen, alternatively the landlord MIGHT pay off the arrears, sort things out and OP can reconsider situation.

Something is not right.

So, the LL may just pay up the arrears Uhmm- and Shelter has advised the tenant not to pay rent Uhmmm, so the tenant not paying rent would not only almost certainly guarantee a worsening of the LL's financial situation and I would expect it could be considered that the tenant is making themselves intentionally homeless.

Is Shelter for real??

As for consent to let etc - I'm not sure that anyone knows if it is in place, least of all the OP and shelter.

Ian_Griffiths_Halifax

Captain_Mainwaring wrote: »

I don't have a "buy to let" mortgage by still can do so - how did you work that little gem out then? No deed of consent, no nothing, and yes the BS can and will kick the tenants out if I default.

The alternative would be to obtain a Consent to Let from the lender on a Residential Mortgage and as she has stated that the Lender has written to the owner at this address, I have assumed that she hasn't got the Consent to Let.

lolo06

Somerset what you have written is exectly what has happened.

1- i did not open the letter intentionaly. if i was like that then i wouldnt have a big primark bag in the cuboard full of her letters ive been getting since last year.

2- yes i did feel i had to act on the letter i have been bothered enough with people knocking on my door. and if it was a big deal then the counciler wouldnt have said he would update the company.

3- Shelter said that becuase the company is coming to the property about arrears then they are not aware that she is renting out the house. and if they had agreed to allow her to rent out the property they would of made us aware of what may be going on. ( how true is this i dont know)

4- yes i do have a tenancy agreement and it was a 6mth fixed term and now its a rolling contract. Shelter also said that my contract with her is not as important as her contract with them.

5- they said not to pay her the rent cuase more then likly she doest have my deposit. they did advised me to keep it aside, this may be an insentive for her to contact me.