Bank's permission to let the property

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Bank's permission to let the property

    Hello

    I've read that a landlord needs the mortgaging bank's permission to rent out the property. I tried to find out from the letting agent, who said 'everything was sorted'.

    How do I find out which bank the landlord has his mortgage with please?

    Thanks.

    Daise

  • #2
    I presume you're the tenant. The only way you're likely to find the information is from the Land Registry, but it might only tell you that the property is mortgaged. Some do however specify the lender. Why do you want to know?
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


    • #3
      Originally posted by Paul_f View Post
      I presume you're the tenant. The only way you're likely to find the information is from the Land Registry, but it might only tell you that the property is mortgaged. Some do however specify the lender. Why do you want to know?
      I read that if the landlord didn't tell the bank he was renting out the property, the bank could repossess.

      Is that incorrect?

      Also I would like to make sure that everything is above board and there will be no repercussions on us due to the landlord's errors/omissions etc.

      Comment


      • #4
        You're right about that. If the L fails to maintain mortgage repayments then the lender can indeed repossess but you are likely to get to know about it if that's the case. It's unlikely you are entitled to the information of the lender's identity under Data Protection regs.

        If the lender has not been advised of the letting of the premises the L is in breach of his mortgage deed but it's unlikely the lender will do anything if repayments are maintained.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

        Comment


        • #5
          If the LL is a good customer, the lender won't do anything - it will be strickly a business decision.
          ASSUME NOTHING - QUESTION EVERYTHING!

          Comment


          • #6
            It may also invalidate the LL's buildings insurance; if the house went up in flames or was flooded and all T's property destroyed, or (heaven forbid) people were killed or injured, then insurance company would not pay out.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


            • #7
              Originally posted by Paul_f View Post
              You're right about that. If the L fails to maintain mortgage repayments then the lender can indeed repossess but you are likely to get to know about it if that's the case.

              Don't think T is likely to be notified as a new tenant does not know how many mortgage payments were missed before the tenancy started. I've read of several cases where T1 moves due to finding out L is falling behind with mortgage payments and then the property is let again to T2 who has no idea what's gone on. Even then T1 often only finds out by accident, they're not notified.

              A recent confirmation of consent to let means at least a new tenant knows things are pretty OK at the start.

              An extreme example, Agents letting property subject to a re-possession order:
              http://landlordlaw.blogspot.com/2008...ect-to-re.html
              ~~~~~

              Comment


              • #8
                Originally posted by mind the gap View Post
                It may also invalidate the LL's buildings insurance; if the house went up in flames or was flooded and all T's property destroyed, or (heaven forbid) people were killed or injured, then insurance company would not pay out.
                Doesn't seem to bother my insurance company - as long as I took out the right landlord's insurance policy. I actually asked them and they stated substantially that it has no bearing. It is a commercial decision between you and your lender - nothing to do with us. But, maybe it is an individual insurance company thingy.
                ASSUME NOTHING - QUESTION EVERYTHING!

                Comment


                • #9
                  Originally posted by Paragon View Post
                  Doesn't seem to bother my insurance company - as long as I took out the right landlord's insurance policy. I actually asked them and they stated substantially that it has no bearing. It is a commercial decision between you and your lender - nothing to do with us. But, maybe it is an individual insurance company thingy.
                  Perhaps; but in a situation where the LL has not sought permission from his lender to let out the property, I think insurers may use the lender's ignorance to 'wriggle' out of settling a claim.

                  Does anyone else have direct experience of this?
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                  Comment

                  Latest Activity

                  Collapse

                  • what is current requirements for smoke alarm?
                    daxu
                    Hi,
                    I have a one bed flat that is let out at the moment. I asked an electrician to change the fusebox to a consumer unit and asked him for a cost of changing my battery smoke alarm to a main conntected one.

                    What he told me is that I need two alarms, one smoke alarm and one heat alarm...
                    21-07-2017, 10:02 AM
                  • Reply to what is current requirements for smoke alarm?
                    jpkeates
                    The electrician is quoting the wrong requirements, as per Mr Shed above.

                    You need a Carbon Monoxide/Smoke detector unless there's an open fire.
                    Heat detectors are a requirement in a kitchen in an HMO.

                    You need to test the alarm on the first day of the tenancy and agree...
                    21-07-2017, 10:37 AM
                  • Claiming for protected deposit
                    mandm
                    This is an interesting one, got me into a spin.
                    Tenants signed AST but decided to leave after 6 months and 3 days (problem with moving) using the break clause in the AST. I protected the deposit using DPS (Insured) and returned the deposit minus deductions when the moved out.
                    I served the...
                    21-07-2017, 08:00 AM
                  • Reply to Claiming for protected deposit
                    theartfullodger
                    You don't mention PI so should we assume you can't prove you served it?...
                    21-07-2017, 10:35 AM
                  • Reply to Claiming for protected deposit
                    jpkeates
                    I don't think the solicitor is chancing their arm or that the allegation is false.
                    The tenant has identified that you didn't give them the prescribed information and the solicitor is acting on that.

                    The penalty is likely to be on the low side (1 x the deposit perhaps - even though...
                    21-07-2017, 10:35 AM
                  • Reply to what is current requirements for smoke alarm?
                    MrShed
                    What a load of rubbish this sparky is spinning to you!!

                    A single battery operated smoke alarm on a single floor is absolutely fine.
                    21-07-2017, 10:23 AM
                  • Reply to Claiming for protected deposit
                    MrShed
                    To be fair, allowing DPS to send the email is even worse, as this doesnt help you prove that they received it.

                    In fairness it doesnt sound like you did in fact give them the prescribed information...
                    21-07-2017, 10:18 AM
                  • Reply to Claiming for protected deposit
                    mandm
                    Thanks Guys for your immediate response, i will write and will attach the confirmation email from the DPS to the solicitor.
                    @AndrewDod I did not send them email, DPS did, i also asked them to post the confirmation to tenants but they said due to DPA, tenants needs to request that!
                    Is there...
                    21-07-2017, 10:03 AM
                  • Discussion - GDPR and implications on landlords
                    MrShed
                    I've just posted something on GDPR and then wondered whether it had been discussed on here before - a quick search implies its never been mentioned.

                    I thought I would raise a topic to discuss it and the implications on landlords.In effect this is a replacement of the Data Protection Act...
                    20-07-2017, 15:01 PM
                  • Reply to Discussion - GDPR and implications on landlords
                    MrShed
                    Depends on the storage provider. The other problem is though that in a disaster recovery position, they usually fail this to somewhere else, out of EU - which puts you in breach
                    21-07-2017, 09:50 AM
                  Working...
                  X