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Landlord in Arrears with mortgage lender *HELP!*

I am looking for any advice possible and appreciate any comments.

I received a letter today addressed to some names I wasn't familiar with. I opened the letter because it is not illegal to do so if there is reason of suspicion.

The letter is from a mortgage lender intended for the landlord of the property telling them they are in arrears and if they don't take action there is threat of repossession on the property I am renting.

This, of course, is of grave concern to myself and well being.

I looked at the letter and they are about £1100 behind and they have been making monthly payments otherwise.

I am renting through a rental agency and have considered telling them that I am going to withhold rent unless I have a reassurece that I will not be evicted due to repossession without notice.

Honestly I cannot afford to move home right now.

Any advice in this would be appreciated.

I thought maybe not to be too concerned since the owed amount is so low and they appear to be making monthly payments but it is still a major concern and I need to take every action to protect my wellbeing.
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Comments

  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    Smoothape wrote: »
    I am looking for any advice possible and appreciate any comments.

    I received a letter today addressed to some names I wasn't familiar with. I opened the letter because it is not illegal to do so if there is reason of suspicion.

    The letter is from a mortgage lender intended for the landlord of the property telling them they are in arrears and if they don't take action there is threat of repossession on the property I am renting.

    This, of course, is of grave concern to myself and well being.

    I looked at the letter and they are about £1100 behind and they have been making monthly payments otherwise.

    I am renting through a rental agency and have considered telling them that I am going to withhold rent unless I have a reassurece that I will not be evicted due to repossession without notice.

    Honestly I cannot afford to move home right now.

    Any advice in this would be appreciated.

    I thought maybe not to be too concerned since the owed amount is so low and they appear to be making monthly payments but it is still a major concern and I need to take every action to protect my wellbeing.

    You have no right to withhold the rent. Read the Tenancies in England/Wales: Guides for Landlords and Tenants sticky at the top of the board. It has a section about Reposession.
  • Slithery
    Slithery Posts: 6,046 Forumite
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    You don't have the right to withhold rent.

    There is a stickied thread at the top of this board that outlines this exact situation. Have you read it?

    Tenancies in Eng/Wales: Guides for landlords and tenants
  • Legally can I tell the rental agency I am going to withhold rent and will pay it back once I get reassurece that the property won't be repossessed? If so this will give me a little bit of a cushion if I'm just going to get evicted with out notice in a month or two.
  • antrobus
    antrobus Posts: 17,386 Forumite
    Smoothape wrote: »
    Legally can I tell the rental agency I am going to withhold rent and will pay it back once I get reassurece that the property won't be repossessed? If so this will give me a little bit of a cushion if I'm just going to get evicted with out notice in a month or two.

    No.

    You won't get evicted without notice. If you turn up at the repo hearing you'll get two months.

    https://england.shelter.org.uk/housing_advice/repossession/repossession_by_a_landlords_lender
  • HampshireH
    HampshireH Posts: 4,472 Forumite
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    I imagine you are more likely to be considered for having norice served if you choose to withold rent & become what could be considered a problem tenant.

    Legally you can TELL the agency whatever you like.

    However, you have a tenancy agreement and unless that allows you to withold your rent in these circumstances (100% unlikely) then you need to keep paying what you owe.

    If you like your home and don't want to move why on earth would you attempt to provoke your landlord
  • Slithery
    Slithery Posts: 6,046 Forumite
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    Smoothape wrote: »
    Legally can I tell the rental agency I am going to withhold rent and will pay it back once I get reassurece that the property won't be repossessed?
    No.

    Even if the property is reposessed you're still liable for rent until your tenancy ends.
  • Smoothape
    Smoothape Posts: 46 Forumite
    edited 15 December 2018 at 12:39AM
    HampshireH wrote: »
    I imagine you are more likely to be considered for having norice served if you choose to withold rent & become what could be considered a problem tenant.

    Legally you can TELL the agency whatever you like.

    However, you have a tenancy agreement and unless that allows you to withold your rent in these circumstances (100% unlikely) then you need to keep paying what you owe.

    If you like your home and don't want to move why on earth would you attempt to provoke your landlord


    Why should I care if I provoke them when they are too stupid and incapable of paying their mortgage on time in a way that impacts my wellbeing and safety? It's something I would never do myself, and especially not if someone was depending on me for their well-being and basic security.

    I suppose what I am asking if who would pursue me legally if I withheld rent if the landlord is too stupid and incapable of paying off a mortgage so their tenants aren't impacted in a significantly detrimental way that they cannot find comfort in the property they are paying rent for.
  • I think you need to calm down a little bit OP and stop looking for ways to avoid paying your rent. At the moment the landlords mortgage situation is nothing to do with you. If any more letters come to those names you know not to open them now either
    An answer isn't spam just because you don't like it......
  • I think you need to calm down a little bit OP and stop looking for ways to avoid paying your rent. At the moment the landlords mortgage situation is nothing to do with you. If any more letters come to those names you know not to open them now either

    I need to plan for any and all possible contingencies. It's not something that sits right with me and it does have to do with me since it significantly impacts my wellbeing and security in the property I'm paying for.
  • Slithery
    Slithery Posts: 6,046 Forumite
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    edited 15 December 2018 at 12:53AM
    Smoothape wrote: »
    I suppose what I am asking if who would pursue me legally if I withheld rent
    You have a contract with the landlord to pay the rent agreed in your tenancy. If you fail to pay then they can pursue you through the courts.

    Until you receive notice that a repossession is imminent it's none of your business whether your landlord is paying their mortgage or not.
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