PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.Calling up notice arrived from landlord's lender.
Comments
-
Might be pragmatic, but the tenant isn't entitled to do so. Landlord will have the usual remedies for failure to pay the rent. And of course, withholding the rent isn't going to help the landlord find the money to pay the mortgage.AnotherJoe wrote: »Re the comments about continuing to pay the rent, given the LL is likely in deficit to their mortgage lender, is abroad, and hasn't protected the deposit, I suggest it would be much more pragmatic to ensure that by whatever date the OP leaves, they've recovered their deposit by not paying their rent for whatever period works to accomplish that.
Because otherwise even though in theory they can recover it, get 3x etc, in practice the LL may not have the money and may be unreachable even if they do.0 -
Besides, as noted above it's addressed to the occupier - the whole point of it is to give notice to whoever is at the property that it's at risk of being repossessed. The landlord gets their own copy sent to them.
Yup, but even if it did say landlord she'd have been fine! It really worries me that people think you cant open mail to your house with your name on. I open everything that comes through my door!
Just want people to know that ANY post sent to your address can be opened, whether it says your name or Mr Noel Edmonds, as long as you don't intend to do something nasty with the contents.0 -
Not even that - you can intend to do something nasty with the contents if you like, it's only unlawful if and when you actually do.marliepanda wrote: »True, but that info came after the post I quoted
Just want people to know that ANY post sent to your address can be opened, whether it says your name or Mr Noel Edmonds, as long as you don't intend to do something nasty with the contents.0 -
Not even that - you can intend to do something nasty with the contents if you like, it's only unlawful if and when you actually do.
I editted my post as I thought it read a bit arsey haha. It really worries me that people think you cant open mail to your house with your name on.
Anything that looks vaguely financial I open, I get a lot of post for the previous occupants daughter and Ive had credit cards/pin number etc. I open, shred and bin.0 -
Thanks all for taking the time to respond - appreciated.
Re the contact details for the calling up notice:
the letter has come from a very large firm of solicitors with offices in various parts of the UK. Only the head office address for the solicitors is given, there is no specific department, person or phone number.
The letter says that if we are tenants, we should contact the lender (a large UK retail bank) but again, no department, person or even address and no phone number.
So I have been googling trying to work out which department I need to start with, and how I contact them.
Interestingly, lots of ways to contact them if you want to take out a mortgage, not so easy to find details of what to do if you are in difficulty paying it, or are a tenant of someone who is clearly either not paying it, or is otherwise in breach of the terms!
Our issue for us is not leaving the rented house, per se, as we are fortunate enough to have somewhere else to go to. It is managing the timing of it, as it depends on various building works being completed sufficiently to allow us to move in to the house we bought.
We think we will be able to go by February, but don't want to miscalculate this and either leave early and still be liable for rent, or find ourselves unable to move out by the date we originally stated.
We also have a large amount of stored belongings in the various outbuildings attached to the rented house, and while I doubt the lender will have any right to keep these as they do not belong to the landlord, I just don't want the hassle of having to argue about it.
Re the deposit, payment of rent etc
I agree that we should of course keep to the terms of the agreement, and keep paying rent, but with an unprotected deposit, I also agree that even if we were to succeed in getting an order from the First Tier Tribunal for a penalty repayment of up to 3 times the deposit, you can't get blood out of a stone.
If the landlord is already defaulting on his mortgage, which should be more than covered by what we are paying him in rent, I doubt very much we will be able to do more than whistle for any deposit repayment. So advising him that we are not intending to pay the final months rent in lieu of deposit might be the option we will go for.
If he has read his own t/a, he should know that he has an obligation to lodge the deposit, and that there is a penalty for failing to do so.
However.... he has already been in breach of the agreement, and has failed in various other legal landlord obligations too!
Another thought occurs, we pay rent direct to the landlord, not his agent. As he is abroad, are we supposed to make some deduction to cover the income tax and pay that to HMRC?
I really don't want to open any more cans of worms, but equally don't wish to get on the wrong side of the tax man either.....0 -
pinklady21 wrote: »Thanks all for taking the time to respond - appreciated.
Re the contact details for the calling up notice:
the letter has come from a very large firm of solicitors with offices in various parts of the UK. Only the head office address for the solicitors is given, there is no specific department, person or phone number.
The letter says that if we are tenants, we should contact the lender (a large UK retail bank) but again, no department, person or even address and no phone number.
So I have been googling trying to work out which department I need to start with, and how I contact them.
Interestingly, lots of ways to contact them if you want to take out a mortgage, not so easy to find details of what to do if you are in difficulty paying it, or are a tenant of someone who is clearly either not paying it, or is otherwise in breach of the terms!
Our issue for us is not leaving the rented house, per se, as we are fortunate enough to have somewhere else to go to. It is managing the timing of it, as it depends on various building works being completed sufficiently to allow us to move in to the house we bought.
We think we will be able to go by February, but don't want to miscalculate this and either leave early and still be liable for rent, or find ourselves unable to move out by the date we originally stated.
We also have a large amount of stored belongings in the various outbuildings attached to the rented house, and while I doubt the lender will have any right to keep these as they do not belong to the landlord, I just don't want the hassle of having to argue about it.
Re the deposit, payment of rent etc
I agree that we should of course keep to the terms of the agreement, and keep paying rent, but with an unprotected deposit, I also agree that even if we were to succeed in getting an order from the First Tier Tribunal for a penalty repayment of up to 3 times the deposit, you can't get blood out of a stone.
If the landlord is already defaulting on his mortgage, which should be more than covered by what we are paying him in rent, I doubt very much we will be able to do more than whistle for any deposit repayment. So advising him that we are not intending to pay the final months rent in lieu of deposit might be the option we will go for.
If he has read his own t/a, he should know that he has an obligation to lodge the deposit, and that there is a penalty for failing to do so.
However.... he has already been in breach of the agreement, and has failed in various other legal landlord obligations too!
Another thought occurs, we pay rent direct to the landlord, not his agent. As he is abroad, are we supposed to make some deduction to cover the income tax and pay that to HMRC?
I really don't want to open any more cans of worms, but equally don't wish to get on the wrong side of the tax man either.....
Something along those lines for deducting tax, yep. But if you've been paying it so far, I agree re can of worms unless it's you that's liable an d they catch up later? In which case you can perhaps work out how much you owe to HMRC and pay that out if the next few months rent. That might be best as a separate post?
Edit ; I suggest you get the can opener the responsibility seems to lie with you https://www.gov.uk/guidance/paying-tax-on-rent-to-landlords-abroad
And yes whatever the theory there's no point feeling all superior about being able to reclaim the deposit if it's in Botswana or what ever.
Can't say I'd be bothered to be trying to contact the lender because it's unlikely to benefit you at all (by the time the legal cogs have ground to evict you'll be gone) and pound to a penny if you do find the right contact in the lender, they will most likely raise the "data protection" excuse and not discuss anything with you. If it doesn't happen quicker or you stay longer, and they wish to evict you at least at that point you'll get an letter with proper contact details. But hopefully it won't come to that.0 -
It'll almost certainly be one of their Scottish offices - isn't there a reference on the letter?pinklady21 wrote: »the letter has come from a very large firm of solicitors with offices in various parts of the UK. Only the head office address for the solicitors is given, there is no specific department, person or phone number.0 -
That's three months away.pinklady21 wrote: »We think we will be able to go by February
This letter is giving two months notice of them starting the legal process of seeking possession - which is already early/mid January. That process is not instant. If the lender know that they will not have to jump through the legal hoops, a few weeks stay (at absolute worst) from the likely legal enforcement will be just fine and dandy with them.
There's an inventory from your move-in date, right?We also have a large amount of stored belongings in the various outbuildings attached to the rented house, and while I doubt the lender will have any right to keep these as they do not belong to the landlord, I just don't want the hassle of having to argue about it.
Also - and I don't know how Scotland differs, so this is England/Wales - s21 notice would be voided by a failure to protect your deposit, but this possession order would be under s8 ground 2, which is mandatory.I agree that we should of course keep to the terms of the agreement, and keep paying rent, but with an unprotected deposit, I also agree that even if we were to succeed in getting an order from the First Tier Tribunal for a penalty repayment of up to 3 times the deposit, you can't get blood out of a stone.
Defaulting on his BtL mortgage is one thing. Bankruptcy is another.If the landlord is already defaulting on his mortgage, which should be more than covered by what we are paying him in rent, I doubt very much we will be able to do more than whistle for any deposit repayment.
However, launching a claim against an overseas landlord is going to be harder than if he was UK resident.
Indeed. Practical expediency says that's the obvious way to go.So advising him that we are not intending to pay the final months rent in lieu of deposit might be the option we will go for.
Yes.Another thought occurs, we pay rent direct to the landlord, not his agent. As he is abroad, are we supposed to make some deduction to cover the income tax and pay that to HMRC?
But not as much on the wrong side as he will be.I really don't want to open any more cans of worms, but equally don't wish to get on the wrong side of the tax man either.....0
This discussion has been closed.
Categories
- All Categories
- 343.1K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.2K Work, Benefits & Business
- 607.9K Mortgages, Homes & Bills
- 173K Life & Family
- 247.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards