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  • #1

    Landlords and DCAs

    Hello!

    I wonder if someone (PlanB ) could let me know if I have the right to 'demand' gently what is going on with my Landlords?

    Over the past 7 months we have been getting more and more letters addressed to both of them from what Google tells me is Lowell or Fairfax? (Po Box 189, HD8 1DY)
    others from the DVLA (one which I opened in error as we were also expecting a letter and it was summoning the Mr landlord to court for not declaring he'd sold his car)
    one from PO Box 1155
    and others I've traced to DCA's before sending them to the agency.

    I'm worried, I don't plan to live in this house until I die but I sure as hell would like to relax and know I can live here in peace without worrying that the landlord is about to be repossessed. If they are in trouble and are thinking of selling or being repossessed I'd like the warning so I can move at leisure.

    I was sticking them into an envelope and paying postage to send them to the agency but it was costing me a pack of stamps a month so now I write on the envelope to redirect to the Letting Agency or to RTS.

    Can I send the Agency an email asking what is going on? Do they have to tell me if they know the S is about to hit the fan?
    Tags: action, address, agency, breach, car, ccj, cohen, collectors, con, court, dca, dca's, debt, debts, dpa, dvla, email, financial, fine, landlords, letting, lowell, money, mortgage, owed, pay, postage, rent, scottish, security, solicitors, stamps, tenants, trace
  • #2
    Re: Landlords and DCAs

    I understand that these letters to your Landlord can be unsettling but they may not paint the full picture. Some of these debt collectors may be fishing for information for debts which are SB or have been disputed. Just because they've sent a letter that doesn't mean there's a genuine debt owed.

    I would certainly hope that your letting agent wouldn't disclose your Landlord's financial circumstances because that would be a breach of the DPA.

    Having said that I see no reason for you not to ask the agent for a new fixed term tenancy agreement to give you peace of mind and security. If a lender repossesses a property then the Tenant can stay until the end of their tenancy agreement while the rent is paid direct to the lender not the Landlord (or the agent).

    We had this chat before last December on another thread where I said you should send these letters back "Return to Sender- Gone Away". There's no need for you to pay postage to forward them. If you want to forward them to the agent then write "Forward To" and put the agent's address. This is what I said then:


    Originally posted by PlanB View Post
    If you opened the letter by mistake and haven't thrown away the envelope then I suggest you put it back in the envelope and re-post it marked "Return to Sender - Gone Away". Because that's the truth.

    That debt relates to a CCJ and charging order from 2007. It's possible that Howard Cohen who are in-house solicitors for Lewis (the DCA to which they refer) have recently purchased an old debt and are trying to trace the person's current address. The contents of that letter might not even be true.

    A charging order secured against the property will have no impact on you as tenants whatsoever. It's for a relatively small amount of money so there would be no Order for Sale. It appears there hasn't been any action for over six years so I doubt they'll be any now. Either way it's none of your business - and I mean that in a good way

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    • #3
      Re: Landlords and DCAs

      I've seen something else I posted on your other thread which should give you re-assurance. The letter you opened from your Landlord last year suggested that the CO on the Landlord's property was only a Restriction so there was practically no chance the property could be sold as a result. Are these current letters address to the same individual? You can pay £1 to download a PDF on Land Registry online to see who owns the property, whether they have a mortgage, and what charges are on it here:

      https://eservices.landregistry.gov.u...0c6McFQH3SLFU/


      Imagine how spooked my Tenant was when he got a letter from the Council's Housing Options Team to invite him to contact them to be re-housed due to his families' imminent homelessness as a result of repossession. This was because my lender has issued possession proceedings against me without warning. He calmly sent me the letter, and I calmly dealt with it while deeply embarrassed. I got the repo stopped and thanked him for his patience and understanding. He's still there three years later.

      This was your situation when we last 'spoke'


      Originally posted by PlanB View Post
      There is a term in that letter which I can explain to give you even more peace of mind. It refers to the CO being registered against your Landlord's "beneficial interest" in the property. This implies that she was once married and the property is/was in joint names. So this CO is in fact a Restriction which means the debtor cannot ever force a sale.

      That explains why you thought she was a Mrs and now it says Miss. Perhaps she got divorced recently.

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      • #4
        Re: Landlords and DCAs

        Excellent! Thank you...

        Comment

        • #5
          Re: Landlords and DCAs

          Originally posted by patchouli View Post
          I'm worried, I don't plan to live in this house until I die but I sure as hell would like to relax and know I can live here in peace without worrying that the landlord is about to be repossessed. If they are in trouble and are thinking of selling or being repossessed I'd like the warning so I can move at leisure.
          Ooops. I forgot to tackle the other thing that's worrying you.

          If the Landlord is planning to sell you'll soon know about it because prospective buyers will come to view the house which will give you a clue. No one buys a property without seeing it first (unless it's an off-plan deal). Your tenancy agreement will stipulate that no viewings can take place without your permission (which cannot be unreasonably withheld) and at least 24 hours notice of the visit.

          That's the point in which you can ask the estate agent what's going on.

          It's also an opportunity for you to make the place appear undesirable to a buyer by using doggy smells (borrow a dog if you haven't got one), or point out the flaws in an unsubtle way such loud comments that your child's asthma (fake it) is getting rapidly worse due to the damp. It's not hard to scupper a sale if you want to keep the buyers away so you can stay longer and move at leisure.

          Ghastly décor works a treat too. Some buyers can't see past bad taste so rustle up some hideous bits of furniture, and don't forget to yawn because you're dead tired due to no sleep caused by the incessant traffic noise. You get the picture

          Comment

          • #6
            Re: Landlords and DCAs

            Sorry to be picky but it's £3 for a title search isn't it?
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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            • #7
              Re: Landlords and DCAs

              Originally posted by Never-In-Doubt View Post
              Sorry to be picky but it's £3 for a title search isn't it?
              Yes you're absolutely right it's £3, my mistake. It's £1 for Companies House downloads

              Comment

              • #8
                Re: Landlords and DCAs

                No it's fine I wanted to check whether you had a secret link that let's us pay £1

                I'm Scottish - £2 is still £2
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment

                • #9
                  Re: Landlords and DCAs

                  Originally posted by PlanB View Post
                  Ghastly décor works a treat too. Some buyers can't see past bad taste so rustle up some hideous bits of furniture, and don't forget to yawn because you're dead tired due to no sleep caused by the incessant traffic noise. You get the picture
                  I once viewed a property where the tenants has basically left loads of pizza boxes and washing up all over the house, I can tell you, I couldn't see past it, no one else could have either lol
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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