Landlord not paying mortgage on property I am renting

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Okay so let's ask somebody else what to do next. I never give up.

Tomorrow (23/04/2015) I will email you the name and contact details of the Mortgage Trust's Customer Service Manager. This guy is a top bloke who helped me (as a Landlady) when the sh*t hit the fan in 2010 because my Tenant stopped paying rent and my property was on the brink of being repossessed. Thanks to him I still own that property *phew*.

As of today your rogue Landlady no longer owns the roof over your head. Yay! That is now owned by the Mortgage Trust. Time to talk to the horse's mouth.

Plan B x

Hi PlanB

Do you have the contact details of the Mortgage Trust Customer Services Manager to allow me to find out if my tenancy agreement was known and approved by the Lender. This will allow me to find out if they need to honour my tacit relocate duplicate agreement.

Thx MilliesMadMother

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

MilliesMadMother

We would you please advise when we may expect payment of your outstanding rent?

Letting Agent

As I had not replied to the email the letting agent called me twice at work today to check when I would be making payment to my rent arrears!

I did say that I would pay one month tomorrow so this would be me effectively paying my April account.

For me this doesn't all really add up.

1. Why am I still being asked to pay the rent to the Letting Agent / Landlord when decree has been granted.

2. Shelter Scotland are telling me to continue paying as normal now.

3. Letting agent says I could be here for another couple of months at max but just continue paying at the moment.

4. Lenders solicitor has advised that I have just to continue paying the letting agent as normal until they go back to court to get the eviction notice served on me.

5. Neither Shelter Scotland or the Letting Agent has confirmed if the bank needs to honour my tenancy agreement which has just tacit relocated.

Can you see why I am confused!

PlanB I got your msg saying you would update me tomorrow however just wanted to give you my latest thoughts.

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Good morning again, MilliesMadMother,

We refer to our earlier email and can now confirm that a decree was issued last week in favour of Mortgage Trust.
Lenders Solicitor have now confirmed that no action is likely to be taken for at least another 4 weeks at which time a Notice to Quit will be served.
This in effect means that the earliest that you will require to vacate the property will now be early August.

Big Boss, Letting Agent

MilliesMadMother

We would you please advise when we may expect payment of your outstanding rent?

Letting Agent

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

I spy the *if* word again

They have also acknowledged that it's not their decision as to what happens next it's the Lender's decision. They'll just do as they are told (or "instructed" as they like to call it).

Plan B x

Morning PlanB

What do you think I should do now?

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

This doesn't make sense to me! If the landlady has lost the property then she won't be paying the lender; surely if you pay the agent he will be handing money to the landlady and the lender will be losing out.

Cym when I saw that in writing I was thinking the same plus it's x 4 properties....

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

I spy the *if* word again

They have also acknowledged that it's not their decision as to what happens next it's the Lender's decision. They'll just do as they are told (or "instructed" as they like to call it).

Plan B x

Thanks for this PlanB

I have exhausted my brain with all this now, so who do I write to now to get this information clarified?

[PlanB]

Re: Landlord not paying mortgage on property I am renting

We shall then review the account with our clients and obtain their instructions on how they wish to proceed then.

As advised in our email of 16th April if we are instructed to seek possession of the property we will . . .

Lenders Solicitor

I spy the *if* word again

They have also acknowledged that it's not their decision as to what happens next it's the Lender's decision. They'll just do as they are told (or "instructed" as they like to call it).

Plan B x

[PlanB]

Re: Landlord not paying mortgage on property I am renting

The Shelter Man seemed convinced that your tenancy agreement isn't binding on the Lender. I think this point needs closer examination because in English Law (I need to check Scottish law) the tenancy agreement is binding on the Lender if it was granted with the Lender's consent. Since this is a Buy-to-Let mortgage the tenancy agreement was obviously granted with the Lender's consent.

I have a mortgage with the Mortgage Trust. It clearly states in my Ts & Cs that I cannot let the property for more than six months at a time. When I queried this I was told it was because the MT couldn't evict a Tenant during the lifespan of an AST following repossession hence there is a time limit imposed. I don't know whether your ex-Landlady's mortgage Ts & Cs say the same but it's worth checking this out.

More research is needed before you throw in the towel.

Google produced this snippet:


The lender agrees to the tenancy

Most mortgage agreements contain provisions requiring the borrower to obtain the lender’s written consent before granting a tenancy. Often, specific consent to each individual tenancy is needed, even in buy-to-let mortgages. Therefore, it is important for a borrower to read the mortgage terms and conditions before granting a tenancy. If a tenancy has not been granted in breach of the mortgage terms it will be binding on the lender, i.e. the lender will not be able to seek possession against the tenant in these circumstances by bringing possession proceedings against the borrower.

Plan B x

[cymruambyth]

Re: Landlord not paying mortgage on property I am renting

This doesn't make sense to me! If the landlady has lost the property then she won't be paying the lender; surely if you pay the agent he will be handing money to the landlady and the lender will be losing out.

[PlanB]

Re: Landlord not paying mortgage on property I am renting

your rent should continue to be paid to your landlord in terms of your Tenancy Agreement.

Lenders Solicitor

Says who?

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Millie.

I've read your emails and replied to you by text.

My instant reaction is why pay rent to someone who no longer owns the property?

My next reaction is what can they (repossessed Landlord) do to you if you don't pay them rent?

Give me a day or two to look into this further.

Plan B x

Thanks for that PlanB got your msg but was just updating the thread so if you ever need to refer to it in the future its all there!

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Dear Madam

We can confirm that the Sheriff granted Decree in favour of our clients at the hearing on 22nd April. We are now awaiting receipt of the documentation from the court to allow our clients to proceed with action. We anticipate being in receipt of same in approximately 3 to 4 weeks. We shall then review the account with our clients and obtain their instructions on how they wish to proceed then.

As advised in our email of 16th April if we are instructed to seek possession of the property we will firstly issue you with Notice to Quit which will give you a two month period in which to vacate the property. As also previously advised, we can offer you no legal advice in this matter and you should consult your own Solicitor or seek advice from CAB or similar advice agencies.

As matters stand just now your rent should continue to be paid to your landlord in terms of your Tenancy Agreement.

Lenders Solicitor

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Hi Lenders Solicitor

Further to your email below.

Following the case calling in Sheriff Court on Wednesday 22nd April, could you please advise where I stand as a tenant and where I am required to pay my rent to.

I look forward to hearing from you asap.

MilliesMadMother

[PlanB]

Re: Landlord not paying mortgage on property I am renting

Millie.

I've read your emails and replied to you by text.

My instant reaction is why pay rent to someone who no longer owns the property?

My next reaction is what can they (repossessed Landlord) do to you if you don't pay them rent?

Give me a day or two to look into this further.

Plan B x

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Hi MilliesMadMother

I think our advice is the same as earlier.

You are liable to pay for your occupation of the property but may be able to agree with the lender arrangements for your leaving without the need for court action and so you don’t lose out financially.

Regards,

Case Worker, Shelter Scotland