Landlord no permission to let property

[VanessaK]

Hello,

 

I am a private tenant and need some advice.

 

I moved into rented property in early January on a 6 month tenancy, although it was implied I could live there long term and that the landlords have no intention to sell.

I have had a few problems since moving in, such as visits from debt collectors which has been quite distressing and found out recently that the landlords don't actually have consent to let from the mortgage lender, who are threatening to evict me due to breach of the mortgage terms.

 

I have also since been advised by letting agent that the landlords are placing property on the market for sale and I will be receiving notice to vacate in due course.

They also have so far refused any rental payment holiday due to Coronavirus despite having a 3 month payment holiday on the mortgage. 

 

I paid 6 months rent in advance plus security deposit in good faith and do not feel secure in my home.

 

My question is

does this make the tenancy unlawful and am I entitled to a full refund of money paid and removal costs so that I can move out?

 

Thank you.

[AndyOrch]

Hi and Welcome to CAG

 

Your post is somewhat confusing......

 

Why would a Mortgage company send send debt collectors to a property regarding no consent to let and a breach of the mortgage agreement ?

Who informed you they have no consent to let ?

Why can they evict you when you are not the mortgage holder only the tenant

Why do you assume tenants have a 3 month  rental holiday ? Thats only for mortgage holders not tenants and how do you know the landlord has taken up a 3 month holiday payment ?

 

Andy

[VanessaK]

Hi Andy,

 

I didn't mean to be confusing. The debt collectors were for the landlords unpaid electricity debt. The smart meter at the property is faulty and I am now also being chased for nearly £900 for about 2 months worth of electricity.

 

I contacted the letting agent in early April to request if it would be possible for any rent reduction/holiday due to Coronavirus and have since found out that they have no consent to let and been told I will be receiving notice to vacate.

 

Since moving in I have received a lot of mail for several previous occupants and also the landlords as they haven't got their mail redirected. I opened letter from mortgage lender by mistake.  

[AndyOrch]

And was your rental agreement with the letting agency or the Landlord direct ?

[VanessaK]

Property is rented through and managed by letting agent.

[AndyOrch]

Then it was for the Letting Agency to make sure all was legal and in order......your agreement stands...any problems the landlord has with his mortgage company is between him and them. Consent can be easily given by Mortgage companies to allow letting....its no biggie. 

 

With regards to your electricity problem I would assume you took a start reading on moving in ?  Dispute the readings and ask they come check the meter...its impossible to owe  £900.00 in 4 months....obviously the debt belongs to the previous occupant. 

 

Any further letters not addressed to yourself simply write across them ...not know at this address and throw them back in the post box.

[VanessaK]

Thank you Andy.

I agree and have been a landlady myself in the past and first thing I did was get consent from mortgage lender.

I am shocked and don't understand why they didn't.

 

I have spoken to the agent on the phone, although she is doing everything possible to ignore my calls.

She said the lender are not giving consent to let.

She also said she advised the landlords to get consent to let although she is not legally required to obtain proof of consent to let.

 

I have been trying to sort out the smart meter problem and have been unable to get through to the electricity provider. 

 

I have been returning all mail not addressed to myself to sender although the agent is demanding I drop any mail through her office door and insisting I return nothing further to sender. 

 

She is denying any liability and has so far refused to refund any of my money.

I had to raise such lot of money to move and feel I have only just been through the stress & expense of moving.

 

I would like to move out as quickly as possible and need my money back to be able to move.

I think it is in my best interest to move out as quickly as possible as from what I understand I have little legal rights as an unauthorised tenant and believe I am at risk of being evicted without notice. 

 

I read something online about a law relating to HMO tenancy agreements, where if the correct legal consents required are not in place the tenants are entitled to full refund of rent.

 

Could anybody tell me if the same applies to this type of tenancy as well?  

 

I have spoken to the letting agent again this afternoon and she is insisting I am not an unauthorised tenant, says I have no right to a refund and insists that the tenancy is fully legal & correct.

 

She said I can move out whenever I want but not sure where they expect me to magic so much money from.

 

 

[honeybee13]

Hi.

 

What type of tenancy do you have please if it isn't an HMO?

 

HB

[VanessaK]

Its an AST.

[VanessaK]

Following telephone conversation with letting agent today, should I put anything in writing in an email to them or should I try to talk further over the phone? I am not sure if what I said has been strong enough and she (managing agent) is so rude the telephone calls are just arguments and I ended up shouting and slamming the phone down.

 

There has been some email communications back & forth already but is difficult to know what to do? 

[honeybee13]

You could read our customer services guide and implement the advice in it.

 

All the time you're talking on the phone you don't have a paper trail if you need it, unless you're recording the call.

 

HB

[VanessaK]

I have been recording the calls and even think I might even have recordings from when I first enquired and applied to rent the property.

 

The agent is trying to make all kinds of assertions/allegations and suggestions I lied when I applied to rent the property and keeps trying to twist my words. My recordings are not organised at all and I have so many. 

 

I have started trying to keep a paper trail by sending emails asking her to return my calls urgently and have made reference to a few of our conversations in emails.

 

What should I do?

[AndyOrch]

You have a valid AST tenancy agreement and your deposit is protected..the fact that they ( the letting agency ) have failed to do due diligence is their problem with the their client (the Landlord)...not your problem...you cant be evicted. 

[VanessaK]

According to the letter from the mortgage lender that I opened by mistake, they are intending to evict me due to serious breach of mortgage terms.

 

I believe I am at high risk of being evicted and homeless.

This is having a significant effect on my health and I am unable to sleep and having panic attacks.

 

I have had no peaceful enjoyment of the property due to the harassment from debt collectors and now being threatened with eviction. It is unacceptable to be expected to live under these conditions.

 

It would be in my best interest to move out as quickly as possible, but they have taken all of my money and from what I understand, they had no right to do so.

 

My GP is writing a letter for me which I hope will help as I think the most important thing at the moment is to move out of the property and I cannot do that unless they refund me the money I have paid totally over £5000.

 

I do not feel secure and this situation is harmful to my health and placing me at risk of being homeless.

I have requested rent repayment over the phone.

Should I put this in writing in an email along with my bank details?

 

 

[AndyOrch]

And again that is between the landlord and his mortgage company...you are not party to the mortgage or its terms and conditions.....you cannot be evicted.

 

I agree that you do seem to have moved into an hornets nest...but your contract is with the letting company and its them that have failed to deliver a professional service and are breach of the contract with you.

 

If you can confirm that the letting agency did secure deposit by way of protection  ?

 

https://www.propertyinvestmentproject.co.uk/blog/whos-responsible-for-securing-deposit/

[VanessaK]

Hi, 

 

Yes my deposit is with the DPS. This stress is the very last thing I need right now but feel I need to move out as quickly as possible. I am unable to move until they repay my rent money.

 

The mortgage lender states in letter that unless landlords can prove they are living at the property themselves, they intend to evict me. From what I understand the landlords and agent are doing nothing to rectify this, therefore placing me at great risk and causing me various damages.

 

 

 

 

[45002]

VanessaK

 

As I understand it , Unless the mortgage company have taken possession of the property ?

 

They cant evcit you, only the LL/LA can gain a possession order by you serving the correct notices on you and so on.

 

Read this http://tiny.cc/5169nz

 

 

Since the end of March this year, All repossession obtained by lenders and possession orders obtained by LL/LA have been stopped for 3 months due to Covid 19 crisis.

 

I would advise you strongly to seek legal advice from CAB or Shelter or a Solicitors.

 

Also I surgest you stop openning letters by mistake !

 

...

Edited May 3, 2020 by 45002

[45002]

You say "they are sending me notice to vacate as they as placing property for sale"

 

Who is this notice Addressed to and who is it from ?

[VanessaK]

 

The notice will be addressed to me from the landlords/letting agent. The letting agent stated in an email to me last week that I will be receiving this in due course.

[45002]

So the LL/LA are seeking a possession order, assuming its a s21 notice which has to be 3 months notice due to Covid 19.

 

Please read this  http://tiny.cc/q5vboz 

 

If the notice was issued correctly and other paper work correct, After Covid 19 crisis is over LL/LA will be granted a possession order, Using No faults s21 ground .

 

Your need to ring and arrange an appointment see someone at CAB, Shelter, Solicitors or Local law center, taking the s21 notice, tenancy agreement and any relevant paperwork seeking further legal advice they may be able to advise you on.

 

The fact there was no consent to let is not relevant, but you can discuss this when you get further legal advice.

 

Sorry to be blunt, but i would start looking for somewhere else to Live.

 

Unless somelse on CAG can think of anythink else, there not much else i think you can do.

 

...

[VanessaK]

Yes that it what I am trying to do and want to move out asap.

The problem is I have paid the landlords a large amount of money and need the money back to be able to move.

 

I paid them 6 months rent upfront plus security deposit and removal costs etc.

I am still only in 3rd month of tenancy. 

 

From what I understand the tenancy is invalid and a full refund is due.

 

Any advice on how to get my money back immediately as fast as possible would help, so that I can move out quickly as that is most important.

[45002]

This is why you need to seek further legal advice as advised , Good Luck.

 

....

[VanessaK]

Thank you for your advice.

 

I don't feel I have time to seek further legal advice at the moment and think I have a better chance of getting my money back quickly by corresponding directly with the letting agent.

 

I feel I need to put something in writing to them asap. I have already requested my money back over the phone. Is an email ok and could anyone help with drafting one?

 

[slick132]

Hi VK,

 

Use written communication at all times (posted letter or email) if you can. Honeybee has already told you about our Consumer Guide about this.

 

However, I don't see you getting the rent back - Andyorch referred to this earlier.

 

You moved into the property early Jan and paid 6 months in advance so you're due, in theory, to pay more rent on 1st June or thereabouts. Even if the agent and/or LL failed in ensuring the ppty was being legitimately rented out re the mortgage lender etc, I don't see you getting money refunded.

 

Despite the issues about visits from debt collectors and other problems, you've lived there for 6 months and should not expect the rent back.

 

Make sure the property is left in good order when you vacate and take pictures to prove this, so you have the best chance of getting the deposit back from the agent. Make it very clear to the agent that you'll challenge any invalid claim for damage or cleaning.

 

You'd be better arranging a new place to live, rather than seeking a refund you're unlikely to get.

[VanessaK]

Hi Slick,

 

I cannot arrange a new place to live without a refund.

They took 6 months rent money upfront from me but I haven't lived in property for 6 months.

I am still only in the third month of tenancy and was told in month 2 that they are placing property on market for sale.