Landlord not paying mortgage on property I am renting

[PlanB]

Re: Landlord not paying mortgage on property I am renting

I have just received this response email from the Mortgage Lenders Solicitor

We refer again to your email of 9th April. As you are aware, proceedings have been raised against your landlord and the matter will call in Sheriff Court on 22nd April. We have instructions from our clients to seek Decree for possession at that hearing. Provided we are successful in doing so, our instructions are then to issue you with Notice to Quit which will give you a two month period in which to vacate the property. If you are still resident in the property on expiry of that two month notice period, our instructions will be to raise an action of ejection again you to enable our clients to obtain vacant possession of the property. Our clients are unable to take possession of the property with you as a sitting tenant and are unable to sell the property to you without first marketing it for sale on the open market.

^^^^ Paragraph 1 Line 3

*if*

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Email sent to Licensing Department, Local Council


Hi Licensing Department,

Private Landlords Register Check

I am currently renting a property within your local authority where the Landlord has stopped paying the mortgage and it puts me in the position of eviction.

Could you please advise if this Landlord is on the Council Private Landlords Register.

Good morning

I can confirm that this property is registered with Landlord Registration. In this situation, I suggest that you obtain independent legal advice or contact the Citizen Advice Bureau.

Regards


Administration Assistant
Licensing Section, Legal Services

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Case Handler, Shelter Scotland

I have just received the attached email from the Lenders solicitor.

Where does my tacit relocate 6 months come into it?

MilliesMadMother

Hi MilliesMadMother,

The six months tacit relocation only comes into play IF the tenancy is binding on the lender and, as stated previously, we haven’t established that yet.

If they serve you with notice after the hearing then at that stage we may be able to establish the position clearly but, again, as stated previously, in the vast majority of cases like this, the tenancy is not binding on the lender and the tenant may not have a defence to any court action seeking their removal.

For now it’s probably best to wait and see what happens next week but, as advised previously, it may be also be advisable to assume the worst and plan for having to leave e.g. have discussion with agent about possible alternatives.

Kind regards,

Case Handler, Shelter Scotland

[Pixie]

Re: Landlord not paying mortgage on property I am renting

It must be awful for you to be in such limbo MMM but at least you should know next week whether or not you can stay there, at least for another 6 months.

[nanna58]

Re: Landlord not paying mortgage on property I am renting

My heart goes out to you MMM to be in this position when none of it is your fault. Xxx

[IF]

Re: Landlord not paying mortgage on property I am renting

Thinking of you too MMM

Best wishes
IF

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Thanks everyone for your comments...

I am not feeling my best today as it is looking less likely that we will be here for very long now.

Hayho this too will pass.

For a first time renter it has not been a good experience.

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

I need to be positive....

[Pixie]

Re: Landlord not paying mortgage on property I am renting

Yes, you need to be positive MMM, cross each bridge as you come to it x

[cymruambyth]

Re: Landlord not paying mortgage on property I am renting

Hi mmm' these are all still 'Ifs'; enjoy your home, hope for the future, but consider the worst.

The agent had offered help, so open a dialogue with him; if the worse does happen, see what Shelter can negotiate. I am totally ignorant on this, but am sending you hope and hugs.

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Hi mmm' these are all still 'Ifs'; enjoy your home, hope for the future, but consider the worst.

The agent had offered help, so open a dialogue with him; if the worse does happen, see what Shelter can negotiate. I am totally ignorant on this, but am sending you hope and hugs.

Cym

The reason I feel so downhearted is I came here being told this was a long term rent and did all this work to make it habitable and to my kinda level of living and now I am going to need to do it all over again... Packing up all the stuff again.

I am just going to sit until the are chucking me out, but start packing up in the meantime. MMM xx

[PlanB]

Re: Landlord not paying mortgage on property I am renting

I am just going to sit until the are chucking me out, but start packing up in the meantime.

Hey, don't throw in the towel yet.

At the moment the property still belongs to the Landlady. She is free to sell it to whomever she wants albeit time is short. You have expressed an interest in buying it but have you actually asked the agent what it's worth on the open market and what it's worth for a quick sale or at auction?

Ask Mr Big Boss for a valuation because he may smell money with his commission on any sale so he'll co-operate. The property doesn't have to go on the open market to get the highest possible price while it's still owned by the Landlady, it's only the Lender which has to do that after repossession so as to be seen as acting fairly. Shelter was right to point that out.

You have the funds to put down as a deposit and a good solid job so should be able to get a mortgage for the balance. I'm not suggesting you should buy it because you can't face packing up all your stuff, but if it suits you (near your mother etc) then explore that option. You did say you were genuinely interested in doing this at the beginning of your thread, if the price was right.

In England if a property has an offer on it that usually halts a repossession. The court (in England) will give a suspended possession Order which means the property is only repossessed if the owner doesn't complete on the sale within a reasonable time-frame (typically six months) and the rent is paid to the Lender in the meantime. I don't know if the Scottish legal system has the same discretion but it's worth finding out.

So far the agent has not told you what, if anything, his client (Landlady) has said about this current situation. He must presumably be in touch with her. Is she going to the hearing? Does she want to fight to save it by spreading the arrears over a year if the court allows? Does she want to sell it to you to prevent her being chased for a massive shortfall if it's repossessed and sold at auction with all the solicitors costs added on top? Why has the agent not told you these things or offered to negotiate a deal with her/you? It's not his property it's the Landlord's property. She is the decision maker not him.

The house buying system in Scotland is different from the rest of the UK but it does seem you can submit your interest to buy formally before actually making an offer which is legally binding. The agent has a duty to pass all offers on to his client.

http://www.lamontslaw.co.uk/property.html

Or you could start packing up before the bailiffs arrive

Plan B xx

[MrsD]

Re: Landlord not paying mortgage on property I am renting

In Scotland your solicitor can offer a seller a "note of interest" which means that they can't sell without telling you and giving you an opportunity to bid. it's not legally binding on you, you just have to say no I've changed my mind and you are out of any obligation. If she's thinking about selling she would need a home report before it goes on the market (publicly or privately), they cost around £500 and she can't put it on the market without one so this might be a problem for her.

[PlanB]

Re: Landlord not paying mortgage on property I am renting

If she's thinking about selling she would need a home report before it goes on the market (publicly or privately), they cost around £500 and she can't put it on the market without one so this might be a problem for her.

According to my research a Home Report is not required for a private sale only for a property which is being marketed. This is why I suggested approaching the owner direct (and the lender if they take possession) without the need to advertise or market it.

http://www.adviceguide.org.uk/scotla...he_home_report

The Home Report

From 1 December 2008 most houses or flats which are marketed for sale will require to have a Home Report and to make it available to potential buyers. There are some circumstances when you do not have to produce a Home Report, for example if you are going to sell your property to a private individual without putting the property on the market. More information about the Home Report can be found on the Scottish Government website at www.scotland.gov.uk.

I'm a glass half full not half empty girl

[MrsD]

Re: Landlord not paying mortgage on property I am renting

think you need the home report for the mortgage, all the lenders have to have a uptodate home report from a panel surveyor for the area which the seller pays for.