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  • FIRST POST
    • Smoothape
    • By Smoothape 14th Dec 18, 9:28 PM
    • 46Posts
    • 15Thanks
    Smoothape
    Landlord in Arrears with mortgage lender *HELP!*
    • #1
    • 14th Dec 18, 9:28 PM
    Landlord in Arrears with mortgage lender *HELP!* 14th Dec 18 at 9:28 PM
    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.
Page 3
    • Marvel1
    • By Marvel1 15th Dec 18, 12:47 PM
    • 3,978 Posts
    • 4,397 Thanks
    Marvel1
    Exactly this.

    The landlord will be happy when he learns you have opened his post!
    Originally posted by POPPYOSCAR
    I open mail automatically without looking at the front.
    • Cakeguts
    • By Cakeguts 15th Dec 18, 4:38 PM
    • 5,721 Posts
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    Cakeguts
    There is something else going on here. My guess would be Christmas and not enough cash to pay the rent over for December and January or January and February due to spending money on Christmas.



    It won't make any difference they will get a money award against them and then if they are evicted they will find it impossible to find anywhere else to rent.



    Basically landlords don't want to rent decent properties to people who pay rent late or don't pay at all over the Christmas period because that is evidence that they can't budget.



    So far the record is that the OP pays late and added to that is going to be that they don't pay at all. No one is going to want a tenant like that. No one is going to lend them money to buy a property either because they are at risk of being repossessed through lack of being able to budget.
    • paddy's mum
    • By paddy's mum 15th Dec 18, 5:04 PM
    • 3,668 Posts
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    paddy's mum
    OP - in the course of this thread you have, so far, called your landlords stupid, incapable, incompetent and failures despite the fact that they are only a little in arrears and (you say) otherwise, making their regular and proper payments.

    In a previous thread, I note that you say this:-

    "It's difficult to put money aside when you've lost your job due to your company going into insolvency and having to take on temporary contracts with inconsistent payroll for a period of time..."

    I find it astounding that you can say this about your own spot of bad luck but cannot find it in your heart to wonder about or sympathise that something very similar may well have happened to your landlords and that they are equally unfortunate.

    Unless of course you believe the insulting descriptions apply equally to anyone (including you) who experiences a temporary glitch in their financial stability.
    • stator
    • By stator 15th Dec 18, 5:13 PM
    • 7,066 Posts
    • 4,846 Thanks
    stator
    By not paying rent you would be making it easier and quicker for the landlord to get rid of you.
    So just keep paying it.
    If you are afraid the mortgage lender is going to turn up to repossess the property without telling you, then write a letter to them telling them that you have a legal tenancy agreement and give them the landlords real address.
    Changing the world, one sarcastic comment at a time.
    • Smoothape
    • By Smoothape 15th Dec 18, 6:03 PM
    • 46 Posts
    • 15 Thanks
    Smoothape
    Long story short, OP has had a history of paying late in prev rentals and wants another excuse for a free lunch.

    OP pay your dues, the LL not paying their mortgage is of no concern to you, repossessions take a long time and you will be given plenty of time and you don't have to leave if a section 21 comes or Scottish equiv.


    OP why do you think you should not be paying rent like the rest of us? Why are you special, what is written in law you can get free rent?
    Originally posted by csgohan4

    It's not a history of late rent. That was a misunderstanding between the previous rental agency as they had said "rent due date is the 9th" and I had a verbal confirmation it was ok to pay on the 12th instead. It's not an egregious problem where I wasnt paying rent months at at time. Not like my current landlord who is actually in arrears and has a history of paying their mortgage late instead. What makes them so special that they don't have to pay their mortgage like the rest of us?


    Anyways. I will continue to pay the rent and disregard the letter for now after seeing what the actual reposesson process is like. I doubt my landlord would be foolish enough to let the property become reposessed for only being £1000 in arrears.
    • Wanderingpomm
    • By Wanderingpomm 15th Dec 18, 6:14 PM
    • 157 Posts
    • 145 Thanks
    Wanderingpomm

    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.
    Originally posted by Smoothape
    I imagine the agents will start precedings to evict you for non-payment of rent. They’ll also tell your next landlords you decided not to pay
    • HampshireH
    • By HampshireH 15th Dec 18, 6:21 PM
    • 1,472 Posts
    • 1,793 Thanks
    HampshireH
    Anyways. I will continue to pay the rent and disregard the letter for now after seeing what the actual reposesson process is like. I doubt my landlord would be foolish enough to let the property become reposessed for only being £1000 in arrears.
    And of course you will do the morally correct thing and pass your landlords mail on the either their agent or the LL themselves so that they are aware of them problem.

    Sometimes a written letter is the only way someone may know a DD has failed. By failing to pass on the mail (which may have accidently been seny to the rental property and not their correspondance address - because lenders do sometime sent it wrong too as evidenced on these forums) you could be worsening tbe situation
    • swingaloo
    • By swingaloo 15th Dec 18, 6:47 PM
    • 1,978 Posts
    • 3,577 Thanks
    swingaloo
    According to your other thread you are intending to leave the property without paying the utility provider as well.
    You don't seem to realise that all this will backfire on you further down the road when you apply to rent somewhere else.
    • Farmer Johnson
    • By Farmer Johnson 15th Dec 18, 6:59 PM
    • 123 Posts
    • 146 Thanks
    Farmer Johnson
    Long story short, OP has had a history of paying late in prev rentals and wants another excuse for a free lunch.
    Originally posted by csgohan4
    It reads that way to me, too, as though they have been searching for an excuse to not pay.

    OP, you sound to be living one payday from disaster. Rather than looking to stop paying your rent, and blaming others for it, you need to find a way to build up an emergency fund.

    I’ve six months gross pay in a savings account; if you can find a way to do the same you would be in a far better place.
    • Smoothape
    • By Smoothape 12th Jan 19, 10:27 PM
    • 46 Posts
    • 15 Thanks
    Smoothape
    I don't have a history of paying rent late. If you read the thread I paid rent on my payday back then and had a verbal agreement with a woman from the letting agency it was ok to do so. You people are really vehement to try and crush and marginalise a person.

    I've always paid my bills. I have a good credit history etc. I was just thinking if it would be in my best interest to withold rent if the landlord doesn't own the property anymore.
    • davidmcn
    • By davidmcn 12th Jan 19, 10:29 PM
    • 10,492 Posts
    • 11,470 Thanks
    davidmcn
    I was just thinking if it would be in my best interest to withold rent if the landlord doesn't own the property anymore.
    Originally posted by Smoothape
    The landlord still owns the property.
    • Smoothape
    • By Smoothape 12th Jan 19, 10:42 PM
    • 46 Posts
    • 15 Thanks
    Smoothape
    I'm still paying my rent. Don't worry about that.
    • Bossypants
    • By Bossypants 13th Jan 19, 10:05 AM
    • 850 Posts
    • 1,667 Thanks
    Bossypants
    I'm still paying my rent. Don't worry about that.
    Originally posted by Smoothape
    Great, keep doing that and stop opening letters which aren't addressed to you.
    • Jumblebumble
    • By Jumblebumble 13th Jan 19, 11:39 AM
    • 116 Posts
    • 50 Thanks
    Jumblebumble
    Great, keep doing that and stop opening letters which aren't addressed to you.
    Originally posted by Bossypants
    Perhaps you might consider what you do or don't know
    Do you know if the mortgage company rang your landlord and he paid and is now up to date?
    Do you know that the arrears were an oversight becaiuse he / shechanged bank accounts and a standing order was messed up by his bank?
    I suspect that you cannot answer any of these questions and therefore all you actually know is that some time in the past he was in arrears which might well have the consequence to you of "So What"
    You have not helped by opening his mail and not allowing the mortgage company's advice reach him
    If you did that to me I would report you to the police as interfering with my mail to my detriment which you have clearly done.
    If and when you hear from the Lender then of course you no longer don't know what you don't know.
    Regards JumbleBumble
    I
    Last edited by Jumblebumble; 13-01-2019 at 11:42 AM.
    • chanz4
    • By chanz4 13th Jan 19, 12:31 PM
    • 10,010 Posts
    • 2,979 Thanks
    chanz4
    I wonder if the landlords have consent to let or a buy to let mortgage, let the lender know that you opened the letter and provide the letting agencys address
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
    • davidmcn
    • By davidmcn 13th Jan 19, 12:43 PM
    • 10,492 Posts
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    davidmcn
    If you did that to me I would report you to the police as interfering with my mail to my detriment which you have clearly done.
    Originally posted by Jumblebumble
    As I've already pointed out, the OP hasn't committed any offence. You're allowed to open mail which is addressed to your address.
    • G_M
    • By G_M 13th Jan 19, 1:00 PM
    • 47,415 Posts
    • 57,868 Thanks
    G_M
    Yawn!


    • HampshireH
    • By HampshireH 13th Jan 19, 1:29 PM
    • 1,472 Posts
    • 1,793 Thanks
    HampshireH
    The legalities of the mail issue aside. OP was told in a previous thread to pass the letter to the agent so his LL knew about the correspondance and could deal with it.

    Seems he didn't pass the mail on and hasn't done so again.

    It's very possible the LL isn't aware of the letters because the OP keeps opening his mail rather than either sending it back or redirecting it via the agent.
    • Cakeguts
    • By Cakeguts 13th Jan 19, 1:51 PM
    • 5,721 Posts
    • 8,901 Thanks
    Cakeguts
    Regarding this letter situation. We sometimes get letters that are really for our neighbours so we always check who the letter is addressed to. Granted their address is on the letter but you don't really want to open something that should have gone to someone else. Likewise if you buy a house and you get the occasional letter that has escaped from the redirection service you don't just open it.



    Now in this situation the OP knows that letters for the landlord sometimes arrive at this address. So you would think that they would be more careful about what they open.



    I makes me think that the OP wants to know what is going on in the landlord's private financial life? Nothing to do with their position as a tenant because that has been pointed out in previous threads and they already know that the lender can't just evict them and that the tenancy continues. So why do they continue to open letters that are not addressed to them?



    Normal people would take or send the letter to the letting agent or forward them to the landlord. It isn't just the landlord we need to think about here with these letters, it could be any letters addressed to previous occupants that are being opened and read. This is a really good lesson to anyone moving house to set up a redirection service and not rely on the new owners/tenants to pass the mail on. The new occupants could be like the OP who on a regular basis opens letters not neant for them. I don't think this is normal behaviour? It is just plain rude?



    There seems to be a sense of entitlement going on here.
    • Jumblebumble
    • By Jumblebumble 14th Jan 19, 11:50 AM
    • 116 Posts
    • 50 Thanks
    Jumblebumble
    As I've already pointed out, the OP hasn't committed any offence. You're allowed to open mail which is addressed to your address.
    Originally posted by davidmcn
    I beg to differ in these circumstances


    Postal Act 2000 says
    A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

    The mail has been incorrectly delivered as the Landlord does not live there
    The OP is acting to the landlords detriment by witholding the rent ( if he does so )
    I would still try and have the police involved and let them decide not some random poster on the internet
    JumbleBumble
    Last edited by Jumblebumble; 14-01-2019 at 11:54 AM.
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