Landlord not paying Mortgage!!!!

silvercar

Ian_Griffiths_Halifax wrote: »

The lender wouldn't be 'renting' the house to the OP as such, more like collecting the mortgage payments that are due, but fron an alternative source of funds.

They would simply be bypassing the Landlords account.

They won't do it generally. It creates problems, what if the rent was higher than the mortgage payments? Does accepting rent mean they are responsible for accounting for the rent to the landlady? Do they take action if the rent is late?

Lenders are occasionally thrown into acting as landlords when they repossess property subject to an (acknowledged) tenancy. Then they try to palm it off to management agents ASAP. They haven't got the systems to deal with tenants phoning with maintenance or rent issues.

zzzLazyDaisy

Ian_Griffiths_Halifax wrote: »

The lender wouldn't be 'renting' the house to the OP as such, more like collecting the mortgage payments that are due, but fron an alternative source of funds.

They would simply be bypassing the Landlords account.

Sorry but it is more complicated than that. If the lender agrees to accept the money from the tenant they are deemed to accept that the tenant has a right to be there. The lender will not want to give rights of occupation to the tenant. This is why most lenders will not accept money from a tenant in this situation.

Ian_Griffiths_Halifax

Whether a lender likes doing it or not is another thing. It is an option for them to do so. Both silvercar and zzzLazyDaisy have said either

"They won't do it generally" or "Lenders are occasionally thrown into acting as landlords"

or

"This is why most lenders will not accept money from a tenant in this situation"

I know that it is/was an option, but as I've said previously, I don't have my reference books with me to give more defined answers.

franklee

If you don't have an address at which to serve notices on the landlady then rent isn't payable anyway. So if she moved without providing an address then you are OK to withhold the rent but it would help if you had proof she moved.

I'd keep the rent in a separate account ready to pay her the arrears if or when this mess is sorted out and to help prove you intended to pay.

Why not speak to the council also, make sure you can prove to them you are not voluntarily homeless should you need council accommodation.

If she rings up I'd explain what you are doing and why.

zzzLazyDaisy

Ian_Griffiths_Halifax wrote: »

Whether a lender likes doing it or not is another thing. I know that it is/was an option, but as I've said previously, I don't have my reference books with me to give more defined answers.

The point is the lender has already indicated to OP that this is unlikely to be an option

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.

The OP didn't get a definite answer from the lender. She probably just spoke to somebody in Customer Services.

The lender has a duty to explore all possibilities before the option of repossession. The tenant paying the lender direct is a possibility and saves another person becoming a burdon on the state in terms of having to find them housing. No disrespect intended towards the OP.

Trollfever

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!!!

And another guess of mine.:)

A brief summary of our services include the following:

• Pre possession verification visits
• Obtaining possession
• Choosing the most appropriate estate agent
• Lock change, drain down, gardening, inventories and cleaning
• Property inspections and mystery shopper visits
• Valuations and drive by valuations
• Full marketing programme with comprehensive updates and reporting
• On going maintenance and repairs
• Sale progression to ensure sales are driven through in the shortest possible time
• Auction management
• Live management information and updates via our online system
• Complete payment and invoicing process

http://www.amgltd.co.uk/index.html

Dithering_Dad

If I were in your position, I would withhold my rent until she either got in touch with you or until I had all of my deposit back. If you withhold for two months and don't hear back, then find a new place, lock up your current one, post your keys through the letter box and leave all this worry behind you.

As another poster has said, your priority is making sure you and your kiddie as OK - not to line the pockets of an absent landlord.

lil_me

Withholding the rent (but keeping it for when she is contactable) I would think would be reasonable, you can always state that with no contact you were concerned she was receiving it, or that you wish to pay by cheque in future therefore need an address (which she legally should provide) if she doesn't sort it ASAP and the house is repossessed you'll have something there to help with the next house. If she has large arrears I doubt paying the lender direct from now will stop action being taken.

As has been said Shelter are pretty much experts in the field, having them advising is a very good move, but I would ask for their advice in writing, just incase.

Landlord/lady sounds absolutely useless, next time you rent ask for a reference from the landlords previous tenants.

flower_72

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.

Don't assume. I am renting my house on a residential mortgage. I have consent from my lender, they sent the consent paper to my new address but decided to send my annual statement to the rented house. Their excuse was that one department didn't talk to the other and I should have rang around to get my address changed!
I did just that and still, my tenants receive some of my mail :mad:
It could just be her lender is as useless as mine.