Ok this could take a while but I will try and keep it brief. I rent my house through a letting agency, the actual owner of the house was sent to prison half way through my tennency and the letting company then washed their hands of the property. The house is now being repossessed and the mortgage company advise me that I have no right to be here (tennaency agreement still in force till july) as the owner had no buy to let mortgage or permission to rent out the house. Am I able to claim back rent I have paid to the letting agency as they should never of had this property on their books?
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No, I wouldn't think so. The Agency collected the rent on behalf of the LL (And I’m assuming they passed it on to the LL).
Why do you think they shouldn’t have had this property on their books?
You could possibly sue the LL, but I wouldn’t expect to get much out of someone who is in prison and his property is being re-possessed. -
well I have been told by the mortgage company that the tennancy agreement I have is void due to him not actually being allowed to rent out this property. CAB advise me that letting agents are supposed to check that landlords are allowed to rent out their propertys before adding them to their books?Comment
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At the risk of being shot down by the more knowledgeable on here - in your situation I would stop paying any rent to anyone, worry about where my deposit is and look for somewhere else to live pdq!! You say the letting agent "washed their hands" of the property - so I assume your rent was going direct to the LL.
You are extremely unlikely to get anything out of the agent and it will cost you time, money and added stress, so I wouldn't bother.
It is a dreadful situation for you to be in, I understand, but this seems to be happening to a number of tenants where the LL is not paying the mortgage and the property is being repossessed by the lender.
Hope you find somewhere a bit more secure. Good luck.Mrs Jones
I am not an expert - my posts are my opinion and should not be taken as fact!!Comment
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Never heard of that and I'm sure a very small percentage of agents do that, if any. Don't always believe everything CAB tells you.Originally posted by falrep View Post
Hopefully someone else will confirm this.
But anyway, LL not having consent to let and then renting the property is a breach of his agreement with the mortgage company. LL provided you with a service (property to stay in) you do have to pay for the period you stay in it. Someone with more knowledge might be able to give more information, so wait till someone else responds.Comment
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Yes I actually did stop paying my rent as soon as the letting agency decided they would no longer be involved, obviously I actually had nobody to pay it to which is why I contacted mortgage company who advised me that I didnt need to pay rent as I had a void agreement and that they were repossesing anyway. What riles me is that I have been paying rent all this time and now find out that not only is my contents insurance invalid (thankfully I have never needed to claim) but that the landlords dad now seeks to keep the bond due to rent arrears ..... well a. I had money just nobody to pay and b. rent??? I have no valid tennency agreement!Comment
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It makes sense for letting agents to be given such proof, but it is not a regulation. Don't believe everything CAB tells you.Originally posted by falrepComment
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The tenancy agreement is not void; but the mortgage company is allowed to evict you with short notice if the LL defaults on his mortgage and they get a court order. They have to use official bailiffs to evict you...so wait until you are evicted by bailiffs if you like, but have a back-up plan. They should make an appointment with you first and not turn up out of the blue.Originally posted by falrep View Post
Agents are meant to inform the LL that they need permission from mortgagee to rent. But the LL may lie to them that he has obtained permission. They cant help that.All posts in good faith, but do not rely on them
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Is the bond deposit protected? Did the agency hold the bond?Originally posted by falrep View PostComment
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Oh yes you do. It binds L and you. It does not bind L's mortgagee unless it consented to L's sub-letting to you.Originally posted by falrep View PostJEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
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2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
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But even if the mortgagee consented, are they not still able to evict tenant p.d.q. by court order if LL defaults payments, rather than continue the tenancy?Originally posted by jeffrey View PostAll posts in good faith, but do not rely on them
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Depends- if they could, why would Parlaiment have provided ground 2?JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
4. *- Contact info: click on my name (blue-highlight link).Comment
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