Landlord not paying mortgage on property I am renting

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

I think your starting point should be 'what do you actually want to achieve' and then work backwards from that within your legal options.

Do you want to stay in the property until the bailiffs turn up to evict you, or do you want to do a deal direct with your Landord's lender to remain in the property for another six months or more (not impossible since repossessed BTL properties often let existing Tenants stay for a year or more) or do you want to turn tail and run for the hills?

You have the law on your side at the moment.

The next crunch point is 22nd April (?) which is your Landlord's possession proceedings' hearing. At that point (preferably before) the court needs to be aware of your and more critically your young son's occupation of the property on a legally binding rental contract.

I'll help you every step of the way where I can

Plan B xx

Hi PlanB

I would like to stay here until I have my other thing sorted out and in a position to get my own mortgage.

I have spent a lot of money on this place to bring it to a liveable homely standard.

I would like to be able to make the decision when I would like to move rather than being forced out through no fault of my own as this was rented to me as a long term let. I took this initially for the minimum 6 months with the intention of extending on a rolling month to month however still giving notice when my intention was to move.

Does this make sense or am I just rabbiting on lol

Could you please let me know if this thread was moved along with my other or does it make no difference x

[PlanB]

Re: Landlord not paying mortgage on property I am renting

I would like to stay here until I have my other thing sorted out and in a position to get my own mortgage.

I have spent a lot of money on this place to bring it to a liveable homely standard.

I would like to be able to make the decision when I would like to move rather than being forced out through no fault of my own

I have your answer. That's our starting point

I also think we should lay a paper trail with the letting agent who should have known better (I've been Googling Scottish housing law).

If the letting agent has been professionally negligent then go after them rather than your random Landlord who lives in Northern Ireland. The letting agent will have Professional Indemnity Insurance

Plan B x

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

I have your answer. That's our starting point

I also think we should lay a paper trail with the letting agent who should have known better (I've been Googling Scottish housing law).

If the letting agent has been professionally negligent then go after them rather than your random Landlord who lives in Northern Ireland. The letting agent will have Professional Indemnity Insurance

Plan B x

Hi PlanB

I have had a look on this website https://rentingscotland.org I did receive a pack from the letting agent.

I will have another look tonight

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

I have your answer. That's our starting point

I also think we should lay a paper trail with the letting agent who should have known better (I've been Googling Scottish housing law).

If the letting agent has been professionally negligent then go after them rather than your random Landlord who lives in Northern Ireland. The letting agent will have Professional Indemnity Insurance

Plan B x

Hi PlanB

Was talking to my neighbour tonight and found out the following information...

'Previous tenants had problems with the patio windows not opening and they tried to get them fixed through the letting agent / landlord however they were having no joy so they stopped paying the rent. The landlord told the tenants that she could not afford to get the patio window fixed or be without their rent money'

The letting agent definitely knew the situation they were putting me into and also let me spend the money to decorate this place.

This has made me angry tonight.....

How do I go about laying the paper trail to the letting agent?

[PlanB]

Re: Landlord not paying mortgage on property I am renting

Hi PlanB

I have had a look on this website https://rentingscotland.org

Thanks for that link, I've signed up for their newsletter

We share a learning curve.

Plan B xx

[PlanB]

Re: Landlord not paying mortgage on property I am renting

Previous tenants had problems with the patio windows . . . . through the letting agent / landlord however they were having no joy so they stopped paying the rent. The landlord told the tenants that she could not afford to get the patio window fixed or be without their rent money'

The letting agent definitely knew the situation they were putting me into and also let me spend the money to decorate this place.

This has made me angry tonight.....��

Really?

This has made me happy tonight.

Let the paper trail begin. We'll start this on Monday

In the meantime get to work on the gossip grapevine. Knowledge is power.

Plan B xx

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

In the meantime get to work on the gossip grapevine. Knowledge is power.

Plan B xx

That will be my job for the weekend.... Long may the sun shine and I will walk the dog, surprising the information dog walkers know lol.

I will speak to the wife next time she will no doubt know more information..... Not that I am saying women like to talk!!!

[PlanB]

Re: Landlord not paying mortgage on property I am renting

It's your postman who knows it all since he delivered a dozen or so of those citations to other victims locally.

Invite him in for coffee next time he knocks . . .

[cymruambyth]

Re: Landlord not paying mortgage on property I am renting

I like your style PlanB.

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

It's your postman who knows it all since he delivered a dozen or so of those citations to other victims locally.

Invite him in for coffee next time he knocks . . .

PlanB

I like your style but last weekend he got me out my bed and I looked as if I had been dragged through a hedge backwards lol

I am not sure I would ever make a detective but let's see what this weekend brings

[PlanB]

Re: Landlord not paying mortgage on property I am renting

I will walk the dog, surprising the information dog walkers know

I can't even begin to tell you how many times I've loaned out my (late) Dalmatian for similar purposes

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Really?

This has made me happy tonight.

Let the paper trail begin. We'll start this on Monday

In the meantime get to work on the gossip grapevine. Knowledge is power.

Plan B xx

Hi PlanB,

Didn't manage to get anymore information, missed the postie and it was like ghost town!

Do I already have enough information to go on?

[PlanB]

Re: Landlord not paying mortgage on property I am renting

Didn't manage to get anymore information

Do I already have enough information to go on?

Before I answer that can you tell me whether you have spoken to Shelter to ascertain your legal right to remain in the property and for how long as I suggested?

The next timeline (not deadline) is 22nd April when the Landlord's repossession case will be heard in court with or without her (probably without).

You need to be sure of your legal rights to remain in occupation of the property while we get to work on your financial situation simultaneously.

You've parted with a few bob to tart up the place so you don't want to be out of pocket. Get receipts for what you've spent preferably before your next 'rent due' date so you can offset that expenditure against the rent with any luck.

That's Plan A. We'll look at Plan B after that

Plan B x

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Before I answer that can you tell me whether you have spoken to Shelter to ascertain your legal right to remain in the property and for how long as I suggested?

The next timeline (not deadline) is 22nd April when the Landlord's repossession case will be heard in court with or without her (probably without).

You need to be sure of your legal rights to remain in occupation of the property while we get to work on your financial situation simultaneously.

You've parted with a few bob to tart up the place so you don't want to be out of pocket. Get receipts for what you've spent preferably before your next 'rent due' date so you can offset that expenditure against the rent with any luck.

That's Plan A. We'll look at Plan B after that

Plan B x

Hi PlanB

I spoke to Shelter Scotland today.

If any Sheriff Officers come to the door I have to let them know who I am and give them a copy of my Scottish Short Assured Tenancy Agreement.

In Scottish law there is a term which is TACIT relocation duplication and if your Scottish Short Assured Tenancy agreement does not state that at the end of your agreement you will go onto a rolling month agreement then this rule applies.

If this rule has not to apply then they must write to you 40 days before the end of your agreement asking you to quit (which they haven't) then my agreement automatically renews duplicating my previous 6 months.

I have attached the link below for future information.

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

I have to go ahead and pay my April rent as normal. When it calls at court mid April I need to find out if a decree is granted, at the point a decree is granted I then stop paying my rent to the letting agent as the property no longer belongs to the landlord.

I need to keep this money aside as the lender may or may not come and ask me for x amount of months rent.

So this is looking favourable in my part.

I am going to call Shelter Scotland back tomorrow and hopefully email my agreement just to make sure I am understanding my agreement correctly.

Once I have my agreement checked tomorrow I will update my thread.

I have spoken to the tradesman who did the work and I will be supplied duplicate receipts.

MilliesMadMother x

[PlanB]

Re: Landlord not paying mortgage on property I am renting

they must write to you 40 days before the end of your agreement asking you to quit (which they haven't) then my agreement automatically renews duplicating my previous 6 months.

. . . . So this is looking favourable in my part.

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