T informing LL's mortgage company that property is tenanted

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    T informing LL's mortgage company that property is tenanted

    My first post on LLZone, but a few will recognise me as one the few voices of reason on the HPC website. Btw I am both LL and T

    Have recently rented a property on a 12 month AST with 6 month break clause from a forced LL. Turns out he has been made bankrupt and the Nationwide BS was awarded a disposition notice by the courts in May according the land registry

    Does anybody have any advice on how I approach the BS to advise that I am the tenant in good faith.

    Thanks

    Matt

    #2
    Originally posted by matthew_henson View Post

    Does anybody have any advice on how I approach the BS to advise that I am the tenant in good faith.

    Thanks

    Matt
    Send them a letter explaining your position and attaching a copy of your tenancy contract?
    '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


      #3
      There is nothing to stop you writing a letter. I'm not sure why you think this will make a difference to the mortgage lender’s plans.

      Do you expect that you will be evicted? If so, it is probably in your interests to start looking for a different place to live so that you do not have to be hurried into accepting somewhere unsuitable.

      Comment


        #4
        should i notify lessee's lender that i am in occupation as a tenant?

        In my opinion keep quiet! Otherwise the lenders may well just take out a possession order against you as an unauthorised occupier. No mileage in drawing the lenders' attentio n to your presence

        Comment


          #5
          Originally posted by quarterday View Post
          In my opinion keep quiet! Otherwise the lenders may well just take out a possession order against you as an unauthorised occupier. No mileage in drawing the lenders' attentio n to your presence
          It is arguably preferable to having the property sold 'from under you' at auction without your knowledge
          '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


            #6
            preferable

            intrigued by your reply

            Why preferable

            Is this not merely a stalling point

            Appreciate your comments on the legal points you contemplate

            Useful for all of us

            Dr David Noble

            Comment


              #7
              Originally posted by davidnoble View Post
              intrigued by your reply

              Why preferable

              Is this not merely a stalling point

              Appreciate your comments on the legal points you contemplate

              Useful for all of us

              Dr David Noble
              Is this a poem or something?

              Not sure what you are asking, exactly. I think you may have misread my post. Is what not merely a stalling point?

              To clarify my use of 'preferable' in my answer to quaterday's suggestion that OP do nothing : I meant that if I were a T and knew that a lender was about to re-possess the property from my LL, I would consider it preferable to alert the lender to my presence as a tenant... in the hope that I may be able to negotiate with them to remain a tenant, rather than lender being unaware of my presence and putting the house up for auction/sale (which is what I asusme usually happens if lender does not know of T's existence).

              Apologies for the very long sentence.

              As to 'legal points', I wasn't aware I had raised any, partiuclarly.
              '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


                #8
                Hello Matt.

                Bad luck really. You know at least as well as any of the rest of us that you have no rights whatsoever.

                That said, as you know well, it will take them a couple of months to evict you through the courts. It intrigues me that they have already waited 6 months.

                Either:

                1. Look for somewhere else to live.
                2. Sit it out and wait to be evicted.
                3. Contact them and see if they fancy a tenant who will pay them rent - selling houses with sitting tenants is often easier than with vacant possession.
                4. Buy the house from them.

                Comment


                  #9
                  Originally posted by Telometer View Post
                  3. Contact them and see if they fancy a tenant who will pay them rent - selling houses with sitting tenants is often easier than with vacant possession.
                  Not in my experience

                  Comment


                    #10
                    advice to keep quiet

                    .............if you do nothing and keep quiet, it means that the mortgagee in possession has all the bother of getting an order for your removal. act dumb (i wont say it) as if you unaware; and when challenged, offer to pay rent! You never know they may take ages to address the situation

                    Comment


                      #11
                      Originally posted by quarterday View Post
                      .............if you do nothing and keep quiet, it means that the mortgagee in possession has all the bother of getting an order for your removal. act dumb (i wont say it) as if you unaware; and when challenged, offer to pay rent! You never know they may take ages to address the situation
                      I follow your reasoning, but most people like to feel more in control of their lives than this and would, I think, prefer a measure of certainty to 'trusting to luck' when it comes to having a roof over their head. Or not.
                      '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


                        #12
                        Thanks Teleometer,

                        Good to see this forum is alive and well. I was quite lucky in that my three year old opened the LL's mail by mistake on Saturday (big envelope from solicitor) so it would appear they are about start repossession proceeding on behalf of the bank. I previously tried to inform that bank we were tenants but they refused to speak to us about the account telling us to speak to CAB instead (I know I have no rights, I don't need CAB to tell me that) however this letter came with a name, reference and email address so the solicitor now has a mail from us advising that we are tenants and should at least be kept informed of proceedings. Also informed the LL that I know and that his bank now know.

                        The fustration is having spend 600 pounds on reference fees etc. only for it to be wasted. LA's should really have to make prospective LL's pay for a reference to prove right to rent and any enforcement proceeding against their properties. Strangely the LA signed the AST onbehalf of the LL, I wonder if they could be culpable if I was to seek compensation give the LL is unlikley to have a pot to pee in?

                        Second LL nightmare for me and yet my tenants have had five years of peace, responsiveness and no rent rises. Must be jinxed

                        Comment


                          #13
                          I think it's worth you going to the LA and asking them why they, quite clearly, did not get the Landlord to obtain permission from the lender before agreeing to manage the property. (I am assuming that the property is either the landlord's main residence or purchased on a 'buy to let' in which case one of the conditions of the mortgage is that the lender has to agree to any tenancy being granted!)

                          Comment


                            #14
                            I have already, given it is Carter Jonas, you would have thought they would be keen to protect their brand. Also asked them to refund our references and application fees if the tenancy is terminated by repossession at any point during the term of the 12 month AST given that they should done more due diligence for our £500 of fees. Not an unreasonable request I suspect?

                            Comment


                              #15
                              Refund an appropriate proportion (7 months of 12 months' contract, say). AND pay your removal fees.

                              Difficult, though. I doubt you have a contract with the LA. Your L does.

                              Comment

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