Landlord asked me to sign a letter - should I sign it?

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    Landlord asked me to sign a letter - should I sign it?

    Hi all

    I'm a private tenant, and I recently moved into a property (around 1 month ago) covered by an Assured Shorthold Tenancy.

    After moving in, my landlord has asked me to sign a letter from their mortgage company. According to the mortgage company, there are some terms missing from our tenancy agreement.

    Should I sign the letter?
    The text reads:

    You are proposing to take tenancy of the dwelling house known as:
    (address of property)

    TAKE NOTICE That The Landlord may recover possession of the Premise under ground 1 of part 1 of schedule 2 of the Housing Act 1988 (but not at any time earlier than 6 months from the beginning of the tenancy in case of an Assured Shorthold Tenancy.)

    Further that the premises is subject to a mortgage and the mortgagee is entitle to exercise a power of sale conferred on it by a mortgage or by section 101 of the Law of Property Act 1925 and also that the mortgagee may require possession of the Premises for the purposes of disposing of it with vacant possession in exercise of that power and possession of the Premises may also be recovered under Ground 2 of Part 1 Of Schedule 2 of the Housing Act 1988 (but not at any time earlier than 6 months from the beginning of the tenancy in case of an Assured Shorthold Tenancy.)
    Thanks for your help

    Quark

    #2
    Not now, no. It would work only if served on you BEFORE the letting ever started. It even begins You are proposing to take tenancy...!
    Clearly, L forgot to deal with it in advance (or failed to ask mortgagee for consent to sublet). Now's too late for L to do it.
    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


      #3
      Hi Jeffrey,

      Thanks for your reply. I agree that the letter's contents seem inappropriate given that I've already started the tenancy.

      I don't want to sign anything that could damage my tenancy rights. However, I'm on good terms with my landlord, and I want the tenancy to go as smoothly as possible. Since, the mortgage company has told them they must get a signature, would there be any costs or risks to me if I do sign it (to help my landlord out)?

      Cheers for your help

      Quark

      Comment


        #4
        Again: it's invalid. It would work only before the letting started, and it didn't exist then.
        And NO- you cannot backdate it!
        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


          #5
          It seems that whoever at the mortgage company that is requiring the signed form does not know that it would be invalid and worthless.

          As the form is worthless, would be worthless, is there any harm in signing it, not backdating it at all, just to satisfy the admin demands of the mortgage company?

          May placate mortgage company, and everyone is happy, although the MC are blissfully ignorant.

          pm
          Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

          Comment


            #6
            I disagree. Signing it creates more problems/risks than not signing it.
            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


              #7
              How, why?

              The form in which it is drawn up is meaningless because it is in the wrong order of things.

              You have said it is invalid. Backdating it would be fraudulent, so not the thing to do.

              What are the problems or risks you foresee that could be created by signing it?

              pm
              Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

              Comment


                #8
                Effectively representing that T voluntarily submits to L's mortgagee having rights that it would not otherwise have.
                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


                  #9
                  Quark: If you want to keep everything OK & sweet would you&LL consider signing a new AST, with that clause already in, to replace the current AST?? Regardless of length of AST the LL would have severe difficulties removing you before 6 months was up, as long as you pay the rent.

                  Cheers!


                  Artful
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    How long is the tenancy agreement you signed?
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment

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