valid tenency agreement,,,HELP!!!

[upthecreek!]

i have entered a domestic tenancy agreement but the landlord as not told he's mortgage company that he is renting the property out, it states in the agreement that to enter the said agreement he must be the sole owner or have a letter in writting from the mortgage company that he as permission to rent it out,,, it is not a buy-to-let mortgage,,,,he is also not paying hes mortgage!!! is the agreement valid as the landlord is in breach of contract, and that he knowingly entered the said agreement without telling the mortgage company,,, cheers

[pocketstapler]

Be VERY careful ............if the lender tries to repossess from your landlord u will have no rights and will be evicted without notice . Monitor your mail for letters from lender so u know whats happening.Seek free advice from CAB National Debtline etc

[upthecreek!]

thanks for the reply, im not bothered if the lender reposses the property, i want out of the tenecy agreement anyway, all i need to know if the agreement is valid, the landlord entered the agreement knowing that he was not allowed to enter the agreement in the 1st place

[upthecreek!]

section 5.4 of the agreement says: "That he is the sole owner of the freehold interest of the property and that all neccessary consents to allow him to enter into this agreement (superior lessors, mortgage lender etc) have been obtained in writting"

[upthecreek!]

i have had letters saying that he is in arrears of nearly £3000, got a letter today from hes mortgage company saying that another payment as not been made and that he as cancelled the direct debit

[pocketstapler]

Get advice tomorrow! Phone your local Council and ask for Tenancy Relations Officer.

[upthecreek!]

will the Tenancy Relations Officer help? i dont think it has anything to do with the council, its a private agreement with a letting agent

[pocketstapler]

Ten Relation Officer has powers to prosecute landlords. Phone and get advice.

[upthecreek!]

ill phone them tomorrow, all i need to know if the agreement is valid or not as i want out anyway, if the landlord had no right to sign the said agreement in the 1st place surlely it makes the agreement void and i can leave asap,,,,

[stu007]

Hi upthecreek

 

1. Are you paying council tax for the property?

 

2. Now the letter you recieved saying the landlord was £3000 in arrears.

a) Was the letter addressed to you personally or to the occupier?

b) The Landlords name and arrears detail mentioned?

c) Was the letter actually from the Landlord Mortgage Company?

[upthecreek!]

hi, yes i have paid tax for the property, and yes the letter was from he's mortgage company addressed to him saying that he was in £3000 arrears and that a further £465.48 has not been paid because he has cancelled the direct debit. the mortgage company does not know he is renting out the property

[upthecreek!]

he as entered into an agreement knowing that the infomation in he's own agreement is false and because the mortgage company dont know he is renting it out surely the insurence is void also?

[mariner51]

Depends what Buildings Ins Policy he has.

Why did you open a letter addressed to LL? Interferance of mail, poss DPA privacy issue?

LLs financial arrangements are of little concern to T as T has some limited protection for mort repo.

[upthecreek!]

envelopes are the window type and i could'nt see the name who it was addressed to, only the address,, buildings insurance is covered by the mortgage company, it will state that the policy holder must live at the address, he doesnt so the insurance would be void if he tried to make a claim,,, tbh i dont care if it is repo'd, i just want out of the agreement, he has not fulfilled hes part of the agreement and did not have the right to sign the agreement in the 1st place as he didnt have permission from the mortgage company as it states in he's agreement

[nohope]

If he does not own the property out rite or does not have a buy to let mortgage then any agreement between you is not valid. He is not allowed to rent the property out so there can be no agreement in place. Also, if he has no landlords insurance then again he can not legally rent the property.

[Steve__M]

In my view the contract is valid whether or not the LL has the right consents.

 

Unless they cause a problem with the tenancy, these consents are a matter between the LL and the mortgage company.

 

Even though it is written into the contract, the breach of contract is not really significant for the contract.

 

Obviously, if the house is repossessed then tenant has a grievance!

 

Have you passed the letters to the landlord. While improbable, it may be an oversight or an error at his bank. If he doesn't know about the situation he cannot resolve it.

[upthecreek!]

the landlord knows about the letters because he has cancel the payments,, i dont understand how the agreement can be valid, the landlord as clearly misled the agent and myself and is in breach of his own contract, surely it makes it void if it went to court?

[upthecreek!]

just spoke to the mortgage company and they say that he is in breach of there contract, it is not a buy-to-let mortgage and he doesnt have there consent to rent it out, he is behind on hes payments and has cancelled the DD,,,, all i need to know is my contract valid because he knowingly entered it without getting permission to enter it in the 1st place

[raydetinu]

IMO the contract between you and LL is valid. At the moment he has legal ownership and let it out. ( you could go to court and try to get ended on the grounds you describe ) or move out and let him sue you and use that as a defence.

Did you pay a deposit and is it protected.

The dispute with his mortgage co is his, and has nothing to do with you until they try to rpossess.

You should forward all his mail on to him or inform him that it there, and do not open it ( you could be prosecuted for that ).

[upthecreek!]

i went to the C.A.B today and they advised that there is NO contract between me and the landlord, the landlord needed permission by the mortgage company to enter the agreement as stated in the contract but he didnt get permission therefor the contract is void, i was advised to write a letter to the letting agent stating the facts and leave if i wanted to. it would then be down to the letting agent to issue court perceedings against me if they think they have a case.

[assisted blonde]

IMO not sure CAB is totally correct on this, did you see a specialist in housing/contract law or just a general advisor. My opinion is that wheteher it is a valid contract or not at some point in the not too distant future the house will be reposessed, so I would start looking at alternatives.

[Steve__M]

Either the CAB adviser is wrong or, to be blunt (sorry), you have misunderstood the CAB adviser because you are determined to believe your contract is void.

 

I find it unlikely that the mortgage company have given you specific information about your landlord's mortgage (unless you have used his personal information to phone them and fool them into believing they are talking to him). And even if they have, you only have one side of the story - the LL may dispute the position.

 

As a landlord who lets out a property I used to live in, I have to request permission from the lender to let the property once per year. This is a formal requirement to ensure that should they repossess the property, the lender can more easily evict the tenant.

 

If I forget to re-request permission that doesn't cancel the contract I have with the tenant. It just means that I am more liable to lender if they repossess my house and have trouble evicting the tenant.

[raydetinu]

oops!

Edited June 19, 2012 by raydetinu
duplicate post

[raydetinu]

Speak to a legal eagle at Shelter they may have a view on this.

[upthecreek!]

i have spoken with the mortgage company and said that im the tenent and does my landlord have a right to rent the property out.. they have said no and that i had no legal right to live there paying rent, also if the house was to be reposessed i also would have no rights and would be evicted on the street, futher more the buildings insurance is also void as the policy holder (my landlord) does not live at the address and as been absent for more than 60 days, the mortgage company also said that my landlord had no right to enter into the contract and in there view the contract is void and to seek futher advise