Landlord not paying Mortgage!!!!

Ian_Griffiths_Halifax

This is largely down to whether or not there is a Tenancy Agreement in place.

What do you think a Deed of Consent is for? It gets the occupiers agreement to not stand in the way of a repossession if it is necessary.

If no Deed of Consent was signed, and no Tenancy Agreement is in place, it can cause problems for the lenders.

We need the OP to come back and tell us whether there was a Tenancy Agreement in place or not.

Captain_Mainwaring_2

Ian_Griffiths_Halifax wrote: »

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.

Sorry, is there a "consent to let act" ? this is down to individual arrangements between lender and borrower.

Don't assume anything - for years a had to retrieve a tax certificate from one property because the BS used to (despite many reminders) always send correspondance to the property rather than my address.

Makes no difference anyhow, it's nothing to do with the OP if there is a consent in place, and any tenant of mine would not be provided with any proof , it simply isn't their business.

What about Shelter then ? Sounds like a right bunch - let's see if they are brave enough to make a statement in writing. I think they may blanch a little when asked.

lolo06

ian i have got back to you.

Ian_Griffiths_Halifax

lolo06 wrote: »

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.

Ask the lender if you can pay the rent direct to them.

lolo06

its not any of my business if the landlady has got the right to rent out the property. i have been living her for 19mths and really my main concern it what do i do.

i have no money to move voluntery, and if she is not paying the motgage and taking my money and using it for herself its very unlikly im getting my deposit back.

if i dont get it back i cant move.
i think im going round in circles.

Captain_Mainwaring_2

Ian_Griffiths_Halifax wrote: »

Ask the lender if you can pay the rent direct to them.

You are joking?

Ian_Griffiths_Halifax

Captain_Mainwaring wrote: »

You are joking?

Unfortunately I don't have all my CeMAP material with me, but this IS an option available to the Lender if they are not getting the money from the owner.

Fortunately I've never had to look into the details as I've never had a client in this situation.

lolo06

i dont think they will allow it. i called the company and asked them general questions about my situation (without going into specifics) and they said they dont think that they can rent the house to me.
also they said from the time a mortage counciler comes to see you to the actul reposession it could be between 6mth and 2 yrs.

If she rings me about the rent what should i say??

Captain_Mainwaring_2

lolo06 wrote: »

its not any of my business if the landlady has got the right to rent out the property. i have been living her for 19mths and really my main concern it what do i do.

i have no money to move voluntery, and if she is not paying the motgage and taking my money and using it for herself its very unlikly im getting my deposit back.

if i dont get it back i cant move.
i think im going round in circles.

So, if she gave you notice to quit and you had to move out in two months and got your deposit back, then what would you do?

I'm missing the point here - if she had being paying the mortgage and asked you to leave as is her perogative, it sounds like you couldn't??

Pay the rent until there are possession notices and retain the last months rent.

Ask shelter to put in writing their suugestion about not paying the rent, together with the basis in law for not doing so.

I'd make sure you don't knowingly retaing mail that isn't for you. You create a big problem for yourself and the LL by not marking "not know" and returning in the post box - the building society may well have known ages ago if you had done that simple thing.

Ian_Griffiths_Halifax

lolo06 wrote: »

i dont think they will allow it. i called the company and asked them general questions about my situation (without going into specifics) and they said they dont think that they can rent the house to me.
also they said from the time a mortage counciler comes to see you to the actul reposession it could be between 6mth and 2 yrs.

If she rings me about the rent what should i say??

You've assumed that, and then you've spoken to somebody who couldn't give you a definite answer.

Probe this further.