Landlord not paying mortgage on property I am renting

[PlanB]

Re: Landlord not paying mortgage on property I am renting

If any Sheriff Officers come to the door I have to let them know who I am

I hope this link will help you to start practicing your "Don't you know who I am?" speech

http://www.buzzfeed.com/jaimieetkin/...-am#.nnDyOrnPA

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

I thought that was the case in Scotland but I was a wee bit nervous to post in case I'd misunderstood the law because it seems too good to be true.

Plan B xx

PlanB

I am thinking the same 'too good to be true' that's why I want to call the girl at Shelter Scotland back tomorrow just to double check my agreement.

So many clauses to the agreement I will highlight the area where this information should be and I will scan it to you just incase you get another question like this and you know what and where you are looking.

Let's hope my luck is changing lol

[nanna58]

Re: Landlord not paying mortgage on property I am renting

I hope so too mmm x

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

PlanB

I am thinking the same 'too good to be true' that's why I want to call the girl at Shelter Scotland back tomorrow just to double check my agreement.

So many clauses to the agreement I will highlight the area where this information should be and I will scan it to you just incase you get another question like this and you know what and where you are looking.

Let's hope my luck is changing lol

PlanB

Shelter Scotland Day 2.....

I emailed my tenancy agreement and a couple of other bits the letting agency gave me, they also came back and asked for a copy of the citation.

They then came back with the following....

Positives...
I definitely have TACIT relocation duplication.
40 day notice to issue me with a letter to quit passed last week.
Told to cancel my rent standing order which is due 30th March.
When the letting agent contacts me I have to tell them that Shelter Scotland have given me this advice.

Not so positive...
Landlord has not notified the lender that I am the tenant - seemingly they are supposed to do that
If Mortgage Trust Ltd only do buy to let mortgages then they will know that I am definitely a tenant


Shelter Scotland has offered to take my case and make contact with the lender and court on my behalf

Help..... What do you recommend PlanB xx

[cymruambyth]

Re: Landlord not paying mortgage on property I am renting

I think that sounds like a positive, but wait for Planb to reply.

[PlanB]

Re: Landlord not paying mortgage on property I am renting

Shelter Scotland has offered to take my case and make contact with the lender and court on my behalf

Help..... What do you recommend PlanB xx

That's a no-brainer.

You accept Shelter Scotland's offer to take your case.

Then at the same time you post on here as we plan how to clobber the rogue estate agent (professional negligence via a complaint to The Property Ombudsman) and spend nights discussing shoe obsessions with Cym and me

Once Shelter becomes involved the game changes.

[PlanB]

Re: Landlord not paying mortgage on property I am renting

Told to cancel my rent standing order which is due 30th March.
When the letting agent contacts me I have to tell them that Shelter Scotland have given me this advice.

^^^^ this is the only thing you need to be absolutely sure about. Check and double check with Shelter.

In English law if you cease to pay rent (regardless of the reason) then you can be evicted; albeit at the time of the possession proceedings you would counterclaim if the reason for withholding rent was due to disrepair or some other breach of contract (AST) etc.

The Shelter Fairy says your current tenancy agreement will automatically renew for a further six months because the agent/Landlord has failed to serve the correct paperwork, in fact no paperwork at all. This is such good news that it would be silly to spoil that with any possible misunderstanding.

Common sense says you ought to be legally obliged to pay rent to someone (the mortgage lender after repossession since they will then own the property?) or you'd be a squatter.

However if it's really true that under Scottish law you don't need to pay rent (for now) and get an automatic six month extension to your tenancy agreement, then I'm damn glad I'm a Landlord in England not Scotland

Plan B xx

[Pixie]

Re: Landlord not paying mortgage on property I am renting

Things seem to be looking up for you Millie

I hate shoes

[cymruambyth]

Re: Landlord not paying mortgage on property I am renting

Things seem to be looking up for you Millie

I hate shoes

heathen

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

^^^^ this is the only thing you need to be absolutely sure about. Check and double check with Shelter.

In English law if you cease to pay rent (regardless of the reason) then you can be evicted; albeit at the time of the possession proceedings you would counterclaim if the reason for withholding rent was due to disrepair or some other breach of contract (AST) etc.

The Shelter Fairy says your current tenancy agreement will automatically renew for a further six months because the agent/Landlord has failed to serve the correct paperwork, in fact no paperwork at all. This is such good news that it would be silly to spoil that with any possible misunderstanding.

Common sense says you ought to be legally obliged to pay rent to someone (the mortgage lender after repossession since they will then own the property?) or you'd be a squatter.

However if it's really true that under Scottish law you don't need to pay rent (for now) and get an automatic six month extension to your tenancy agreement, then I'm damn glad I'm a Landlord in England not Scotland

Plan B xx

PlanB

What they don't want me doing is paying my rent to the landlord when actually the decree has been served and the property actually belongs to the lender.

If the landlord turns up court to defend herself and pay the mortgage arrears I would then reinstate my rent standing order.

They are not saying that you shouldn't pay your rent, in the meantime this money should be kept in a separate account because the lender may come at another point and ask me for the rent money however they are not in the habit of acting as landlords and may never ask!

Scottish law is definitely more favourable of the tenant.... Well in my case and so it really should, I have done nothing wrong in fact been a model tenant who has decorated, replaced carpet and linoleum and added bathroom fittings lol

Are you sure you wouldn't like one like me xx

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

I hate shoes

Here is a thot Pixie!

[Pixie]

Re: Landlord not paying mortgage on property I am renting

I really do hate wearing shoes. I'm barefoot as soon as I get in the house.

[PlanB]

Re: Landlord not paying mortgage on property I am renting

been a model tenant who has decorated, replaced carpet and linoleum and added bathroom fittings lol

Are you sure you wouldn't like one like me xx

I'd love you as my tenant although I'm not a big fan of linoleum

I've just sent you a text about your other claim

Plan B x

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

I'd love you as my tenant although I'm not a big fan of linoleum

Plan B x

Me neither but it was a good clean fix and it brightens the place up better than the broken dark laminate that was already down in the bathrooms!

[MrsD]

Re: Landlord not paying mortgage on property I am renting

might be worth a read

http://scotland.shelter.org.uk/get_a...o_repossession

and I hate shoes as well but i do like a croc or two