Landlord no permission to let property

[AndyOrch]

And on that advice its time to conclude this topic. Vanessa...when/if you receive the eviction notice.....please request this topic be reopened and we can take t from there.

 

Andy

 

[VanessaK]

Hello,

 

Please could you reopen my thread as I would like to add to it. Thank you

 

 

[honeybee13]

Hi Vanessa.

 

What's happened please?

 

HB

[VanessaK]

Just had a couple of questions:

 

1. If tenant pay advance rent money (ie. 6 months) and the property is managed, is the letting agent required to hold that money and pay the landlord the rent monthly, or are they allowed to pass all of that money to the landlord at the beginning of tenancy?

 

2. If I was to take legal action for this in the future, is it generally the landlord that is liable for this, or the letting agent? Or both?

 

Thanks in advance.

 

Please could you also move this thread back to the residential lettings section. 

 

Anyone? This is urgent for me and would appreciate your help...

[ericsbrother]

The mortgage co will have to sell the house with a sitting tenant and that means they will get a lower price then for a vacant property.

 

they wont care as long as their debt is covered, it is the LL who will lose all of their money tied up in the property.

tough.

 

You will also have a claim against the letting agency if the leccy company keeps chasing you for the money.

 

many small property co's are useless and untrustworthy, check to see if yours is known to the authorities

[AndyOrch]

Repossess and sell the house just because it was sublet without permission...never heard of any action like being taken before by a mortgage company...slapped wrist perhaps...but thats all. What would be their grounds for repossession ?

 

We dont even know if the LL is in any arrears with his mortgage.

[SolarStan]

I ran an independent lettings agency for 10 years. I didn't enjoy it.

The attitude of many of the landlords was beyond belief.

 

They appeared to believe that they were doing a public service by allowing the tenant to live at the property and were often indignant when maintenance issues arose. "Well it was alright before they moved in."

 

Before deposit protection became law, these type of landlords expected me, as a matter of course, to defraud the tenant of their deposit on some frivolous and made up pretext.

 

I never entertained this for a second.

I like to believe I have some morals.

It's a dirty business and I was glad to get out of it.

 

It sounds as if VanessaK has been stitched up like a kipper.

[45002]

3 hours ago, ericsbrother said:

The mortgage co will have to sell the house with a sitting tenant and that means they will get a lower price then for a vacant property.

 

VanessaK has posted Nothing about the property repossessed by mortgage company.

 

Mortgage company would evict tenants https://www.citizensadvice.org.uk/housing/renting-a-home/repossession-by-your-landlord-s-mortgage-lender/

 

 

 

...

Edited May 8, 2020 by 45002
url

[VanessaK]

Thank you for the replies.

 

I don't believe the landlords are in mortgage arrears as they have just been granted a 3 month mortgage holiday. They only applied for this because I asked if a rent payment reduction/holiday would be possible due to Covid-19. I then found out that they have no consent to let and was promptly informed that they are placing the property on the market for sale and that I will be receiving notice to leave. 

 

I have had some pretty bad rental experiences before, but think this one takes the biscuit. 

 

I am also quite shocked at the attitude of the letting agent and one thing that stands in my mind is she stated "You cannot just have free rent and live somewhere for nothing". I was quite dumbfounded when she said that and believe these landlords seem to think they can just have free money! 

 

I felt I had a good relationship with the letting agent, but feel there is something not quite right about her and this situation. Her attitude stinks and I just hope she changes it between now and me moving out. She really isn't doing anyone any favours by being threatening & rude to me and trying to blame me. 

 

She (letting agent) hasn't replied to my email sent to her on Monday. I have tried calling her a few times but no answer. Should I tell her that if they don't refund my money I will seek to have a charge secured on the property for damages?

 

 

 

Sorry for all the questions, but are there any CCTV experts who could tell me if there is any possibility I could be being covertly recorded on the cameras by the landlords? There is also a double plug socket upstairs with one of those USB slots which has had a blue flashing light ever since I moved in, even though there was no phone line/broadband connected? 

[dx100uk]

On 07/05/2020 at 00:26, Andyorch said:

And on that advice its time to conclude this topic. Vanessa...when/if you receive the eviction notice.....please request this topic be reopened and we can take t from there.

 

Andy

 

 

thread closed again

[VanessaK]

dx100uk,

 

Why have you closed my thread again and why do you keep editing my posts? 

 

Could somebody please reopen my thread again .

 

 

[honeybee13]

When Andyorch closed your thread he said to wait and see if you got an eviction notice.

 

'And on that advice its time to conclude this topic. Vanessa...when/if you receive the eviction notice.....please request this topic be reopened and we can take t from there.

 

Andy'

[VanessaK]

Honeybee,

 

I don't see why its relevant if or when I receive an eviction notice? My thread isn't about asking what to do if I receive an S21?

 

You are preventing me and other people from contributing to the thread or from anyone answering my questions? 

[VanessaK]

Please could you reopen thread and please stop closing it. Thank you

[AndyOrch]

Quote

 My thread isn't about asking what to do if I receive an S21?

 

Yes it is .. as only a section 21 or 8 can be legally used to evict you......re read your initial post...its about you being evicted and the landlord not having permission to sublet....everything else is secondary apart from getting your deposit refunded....the standard of the property and faults irrelevant if you have to vacate shortly.

 

Now until such time you receive either notice.....the thread remains locked given the responses made to poster's offering genuine advice.

 

Andy

[unclebulgaria67]

Some information for you to read.

 

https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

 

Deregulation act 2015

 

http://www.legislation.gov.uk/ukpga/2015/20/section/33/enacted

 

http://www.legislation.gov.uk/ukpga/2015/20/section/34/enacted

 

Homes (fitness for human habitation) act 2018

http://www.legislation.gov.uk/ukpga/2018/34/enacted

 

Shelter are experts in Housing issues, as they keep up to date with all of the legislation. 

 

 

[honeybee13]

Thread unlocked.

 

HB

[ericsbrother]

I dint say that the owner was in arrears or the house was to be repossessed, just said what would happen if that ahppened so the OP was reassured that she would still have the same rights to be there should such an event happen.

So Vanessa, what advice are you looking for other than to re reassured that nothing is going to happen to you as a result of the mortgage co giving the owner an ear bashing?

[VanessaK]

Thank you for unlocking the thread.

 

I received S21 notice this week from a solicitor. Could somebody please tell me if these are usually served by a solicitor firm or from the managing agent?

 

The letting agents won't return my calls and has ignored my request for a refund of monies to enable me to move out. So far I have requested this over the phone and in an email. The letting agent sent me an email yesterday stating that I would have to contact the solicitor and not her. I also received an email from the solicitor berating me for contacting the managing agent and insisting I contact them directly. 

 

I am going to send more formal letter today to the managing agent via email and will also post a copy to her office. I have a good idea what I want to say, but any ideas or wording to include in the letter would be appreciated.... I intend to send it this afternoon. 

 

Could somebody please also tell me if my attempts to contact the managing agent, sending a formal letter and request for refund etc would go against me, or in my favour if these matters went to court in the future?...  

 

I am shocked by the letting agents complete disregard for my well-being or the damages this is causing me and I seem to be getting blamed/punished for the situation?

 

Also, should I contact the solicitor at all?

 

Thanks in advance.

[VanessaK]

Would really appreciate any advice or help with a letter. So confused and cant think straight. Thank you

[BazzaS]

“Should I contact the solicitor at all?”
 

 

If they have said “all correspondence to the solicitor, not the letting agent”, then you need to heed their intent.

 

It sounds like the Letting agent (LA) doesn’t wish to deal with you. If you try to interact with the LA

1) they’ll likely ignore you, if you phone or visit.

2) It will only cause delay (at best) If you write / e-mail as they will just pass your correspondence to the solicitor
3) it won’t benefit you to go against their stated way forward. It can only hinder you.

 

It sounds like you have burnt your bridges with the LA.

 

So, yes, if you wish to deal with the LL / LA, you need to contact the solicitor.

Edited May 16, 2020 by BazzaS

[honeybee13]

Maybe you could tell us about the s21 notice, Vanessa?

 

HB

[VanessaK]

What information about the S.21 do you need?

 

It seems to me the notice has been served in retaliation as I have discovered they have no consent to let and being threatened with bailiff eviction from their mortgage lender.

 

The letting agent will have to communicate with me in order to vacate the property. There are also many maintenance issues and as the managing agent of the property she is responsible for these dealing with these matters, which are nothing whatsoever to do with the S.21 being sent? 

 

Her website also seems to have disappeared. She is clearly trying to intimidate me and avoid paying me any of my £5000 + money back. I entered the tenancy on the basis of it being managed by her agency. I don't see why I should have to communicate with a third party solicitor? 

[stu007]

Hi

 

The reason you have been asked exactly what the Section 21 you have been served is so we can determine whether it has been served correctly or not very difficult to advise with little information. (could you please upload the Section 21 in PDF or type out making sure to remove anything identifying you)

 

As the Section 21 has been served you now need to concentrate on finding somewhere else to put a roof over your head and I am sorry if that sounds a bit blunt but you really need to be thinking of this and I know it will be extremely difficult at this current time.

 

Bear in mind yes they have served a Section 21 notice and if you have not vacated the property at the end of that notice they will have to go to court to get a eviction notice to repossess the property.

 

As for the refund you can ask the letting agent/landlord but this will more than likely not happen until you have vacated the property and a check out of the property has  been done. (was the money you want refunded a deposit and if so was it protected in a tenancy deposit scheme and you were given a copy of the prescribed terms of that scheme please clarify?)

 

I can understand your concerns but you need to concentrate on having a roof over your head especially since you have been served a section 21 notice

 

Couple of links (please have a good read of them)

 

Coronavirus (COVID-19) Guidance for Landlords and Tenants
https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities

 

Evicting tenants (England and Wales)
https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

 

Section 21 eviction
https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction

 

[unclebulgaria67]

So you have the S.21 notice, so you now know you have to leave the property by a certain date and if there is no dispute about the condition of the property when it is inspected on day you leave,  you will get the deposit back.  

 

You will NOT be refunded any of the normal rent, just because the landlord did not have permission to let from their Mortgage company.

 

As stated in the link about S.21, did you get these documents stated below ? 

 

Have you taken up any complaints about the condition of the property ?  If you have not done so, i would suggest that you look at making a complaint, providing details to letting agent and the landlords Solicitors.

 

You also cannot use a Section 21 notice if you have not given the tenants copies of:

• the property’s Energy Performance Certificate
• a current gas safety certificate for the property
• the government’s ‘How to rent’ guide

You must have given the tenants a copy of the current gas safety certificate before they moved in.