Concerned about landlord's mortgage

[magickat]

I let a house through an agency and have been here for 18 months with no real issues. However, a couple of weeks before Christmas omeone came to the house saying they were looking for the landlord and were from the mortgage company, we told them we rented, how long we had been here and gave them the details of the agents. Today I have received a letter addressed to the occupier from a solicitors acting for the Bank of Scotland who it says hold a charge over the property (does this mean the mortgage?).

 

The letter goes on to say the client is investigating the tenancy of the property and have enclosed a questionnaire for me to complete to this effect.

 

Obviously I am concerned that the landlord has either not been paying the mortgage or has misled the bank, which may jeapoardise my tenancy. I will be calling the agents in the morning to discuss this but would welcome any advice on my rights/position. The rent is due on Monday but should I withold it pending clarification of these issues?

 

Many thanks.

[NewSAHD]

Quick reply now, others should be along soon enough too

 

Have a read through the Shelter info at http://england.shelter.org.uk/get_advice/eviction/repossession_by_a_landlords_lender BUT in short, "Most tenants are in a weak position if their landlord's lender wants to repossess the property. But you may have some protection if your tenancy is binding on the lender"

 

I'm not one for advocating witholding of rent, but in a case like this it is certainly reasonable - to my mind - for you to ask both the Agent AND the Lender direct for clarification as to what is going on. It may well have be the landlord's property (perhaps soon to be past tense, sorry), but it IS your home. There was another similar thread about this recently, have a search for it - and I'll see if I can find it too...

 

Sorry to hear what has happened, but do your research quickly as the wheels for repossesion of the property in cases like this can, apparantly, turn quite quickly...

[NewSAHD]

Found the other thread I mentioned

 

Have a read through http://www.consumeractiongroup.co.uk/forum/showthread.php?288422-advice-needed....-landlord-not-paying-mortgage!!&p=3240213&viewfull=1#post3240213 too although doubtless there are others

 

Hope this all helps in some way and good luck too

[xoAmyox]

I agree that clarification is needed regarding the payment of rent and the situation with the lender. However, now would be the absolute worst time for the landlord to potentially miss a mortgage payment because your rent hasn't arrived.

I think a polite letter or phone call to the landlord/agency is the way to go in the first instance, if you wish to post the response here then we can advise further.

[caro]

I agree that you should contact the landlord. I think you should pay your rent in the normal way. Not only are you obliged to pay it under the terms of your tenancy, but if your LL is having mortgage problems it won't help his cash flow if you don't pay your rent.

[magickat]

I spoke to the agents this morning and sent them a copy of the letter. They came back to me saying the landlord had been in contact and is one month in arrears with the mortgage but was sorting this and that witholding this months rent would make the situation worse, so I have agreed to pay it.

 

However, I am still concerned that the mortgage company seem unaware that the house is tenanted and I have raised this with the agents and asked them to check the status of the landlord's arrangements with the lender.

Edited January 8, 2011 by magickat

[caro]

I can understand your concern, but your contract is with the landlord. Did you tell the agent about the questionnaire? I can't help thinking that RBS are out of order asking for information from you, or revealing any info about your landlord under the Data Protection Act.

 

I really think this is for the landlord to sort out and you should simply refer them to him or the agent if they want info.

 

Hopefully if it's only a month arrears it should be sorted soon.

 

How long is left on your tenancy?

[magickat]

Thanks for all your comments, our tenancy expires in June.