hi there, thanks for the reply - It is currently tenanted, but going through a Section 8 proceeding to get them out before the exchange. Hopefully this doesn't throw a spanner in the works, but if they do dig their heels in and cause problems (they're over 2 months in arrears, consistent lateness for a year, all grounds currently stand), what's the worse Santander could do? Cheers! dP.

Hi all, I know it's a bit naughty but I tenanted my property (via letting agency) without informing Abbey/Santander. They wanted to charge me something ridiculous like 2k to let it out. I moved country, and couldn't leave it empty, nor could I sell it, and was skint after the move, so I made a decision to withhold the info.... Now I am selling the house, and am close to exchange. I am worried that Santander are going to hit me with a huge fine of some sort (can't find anything about fines in my original mortgage offer, but it does mention "don't let it out without our permission, so we can charge you an appropriate fee" ..... What sort of damage am I looking at if the truth comes out (and it always does in my experience). Thanks! p.

Hi all, Bit of a saga here. I am a first-time landlord living overseas, and have a family (2x parents, 2 young children) living in my property, the particulars of the contract being: * AST * 18 Months fixed term * Start date: 30/12/2010 * Release clause at 6 + 2 months after start date * Rent due PCM, (30th) At the beginning of the tenancy, the Lettings agency assured me that this was a working family (1 Taxi Driver, 1 local School teacher) and that all references and credit-checks came back fine. I did not ask to verify anything myself, operating from a trust basis (naiive). The tenants moved in on time, and asked the Lettings agency whether they were allowed to pay weekly. The agency responded yes, providing the full rent was paid by the monthly due date. The tenants took this to mean that they can send a cheque at the end of each week, which will then take a good 10 days of processing by agency, then bank clearing, etc... The tenants are currently 1.5 months in arrears (slowly built up). I've asked the agency to speak with the tenats many times, and many promises have been made and never been met. I've shown mercy on the grounds that they have 2 small children, and have attended to every request for repairs, except 1 where a door was requested on a room which structurally/aesthetically makes no sense I am now going to take one of the following courses of action: a) S8 once the tenants reaches 2 months of arrears, under G8, G10, G11. b) S21 (preferred), although I have the following problem with the contract: "Initial Disclosure Document" stipulates a break clause of 6+2 months after start date. However, the "real" contract mentions: Notwithstanding the fixed term of this agreement as stated at point 4 of the Tenancy Particulars the Parties agree that the Landlord shall have the right to terminate this agreement prior to the expiry of the said term by giving the Tenant not less than two months' written notice PROVIDED THAT this right cannot be exercised by the Landlord to terminate the agreement on any date falling before the expiry of twelve months from the term commencement date of this agreement There are 2 of these sections; one for the tenant, and one for the landlord. The one I pasted above is the landlord. The tenant's version of this clause is almost identical, leading me to suspect that the tenant will also be "stuck" in the property up until 12 months of the 18 month fixed term, and the aforementioned break clause is rendered null-and-void I am quite confused as to how to proceed at this point, but until I get some sort of clarification, I think it's just a waiting game for a S8, or S21. I have a couple of questions: 1) Does the break clause "override" the above 12 month clause? 2) Are the agency liable for any of the costs that I might incur? In closing, I am getting the run around by the agency who are mostly avoiding my calls, and said I am unable to see the references due to the DPA (although they are unable to quote which points of the DPA it would be in breach of). Can anyone with Legal knowledge please shed some light on my confusion? Thanks!!! DP.