Landlord hasnt notified Mortgage Lender

[meekle]

Hiya

 

We have recently moved to a property in Wales. We moved in without a tenancy agreement (which turned up 3 weeks later), no deposit and no guarantor. we have no record of boiler servicing (oil fired), energy certificates or other testing such as PAT etc.

 

The lease states a rental sum significantly lower than that verbally agreed (so in our favour) and we have been paying that sum. We are approx 1.5 months in arrears (due to being self employed and out of work for a period) but now back in work and i will be paying double (the expected rental amount) per week over the next few weeks to clear the arrears.

 

So far so good. My wife received a visit today from the landlords mortgage company wanting to know when the mortgage payments were being brought up to date. My wife told him that we were tenants not the owner, and he said that he had no record of the property being rented, and as such did not recognise us. he instructed us to get the landlord to call him ASAP.

 

Problem is, the landlord still has all their mail delivered to our address and collects it once a week, and we have no forwarding adress for them.

 

Any ideas of what rights we have?

[Planner]

Hiya

 

We have recently moved to a property in Wales. We moved in without a tenancy agreement (which turned up 3 weeks later), no deposit and no guarantor. we have no record of boiler servicing (oil fired), energy certificates or other testing such as PAT etc.

 

The lease states a rental sum significantly lower than that verbally agreed (so in our favour) and we have been paying that sum. We are approx 1.5 months in arrears (due to being self employed and out of work for a period) but now back in work and i will be paying double (the expected rental amount) per week over the next few weeks to clear the arrears.

 

So far so good. My wife received a visit today from the landlords mortgage company wanting to know when the mortgage payments were being brought up to date. My wife told him that we were tenants not the owner, and he said that he had no record of the property being rented, and as such did not recognise us. he instructed us to get the landlord to call him ASAP.

 

Problem is, the landlord still has all their mail delivered to our address and collects it once a week, and we have no forwarding adress for them.

 

Any ideas of what rights we have?

 

You question is a little unclear - Rights with respect to what?:

 

- Boiler servicing?

- PAT testing?

- Being in arrears?

- Talking to the mortgage company?

- The landlords mail being delievered to your house?

- Something else?

[meekle]

sorry, need to be clear

 

1) We are worried that she hasnt paid her mortgage (why else would a guy from the mortgage company "drop in" for a chat) and therefore are worried that we could be made homeless. From conversations with the mortgage guy he knows nothing of a lease with the landlord and states that the lease is therefore invalid as the mortgage company fail to recognise us as tenants as they are not aware that the landlord is letting the property.

 

They have asked us to get the landlord to contact them, and i have given the mortgage company the only mobile number i have so they can try to establish contact also.

 

with regards to no PAt testing, boiler servicing etc - i understand from reading other threads that this is wrong, so we can persue that in other ways, but seems pointless if we are going to be thrown out!

 

Any ideas what to do? We are prepared to pay the mortgage company our rent direct if that smooths things out?

[Steve__M]

My understanding is:

 

If your landlord has no permission to let the property, your rights to prevent eviction may be reduced if the house is repossessed.

 

Note that without an address for service for your landlord you are entitled to withhold rent till one is supplied. I'm not saying you should (as it might speed repossession) but you ideally need to get an address off LL, and mentioning this may focus LLs mind.

 

The landlord should ensure that any gas appliance/boiler has a landlord certificate every year.

 

PAT testing and electrical testing is not mandatory in a normal house. If electrical equipment has been purchased in the EU and is undamaged then it will likely meet the required safety standards and won't need PAT testing.

 

5 yearly tests of the fixed electrical system should be done if the house is an HMO (House of Multiple Occupancy), but are not mandatory otherwise.

[meekle]

steve - thanks for the information, however, the boiler is an oil fired one, not gas does this make a difference?