To report neighbour to mortgage company

[TidyWriter]

We have an unpleasant busybody neighbour who complains about absolutely everything. The most recent example is her knocking on our door to tell us off for having a laundry dryer/horse visible from the outside. It's against the rules to leave them on the balcony, so we left ours in the doorway with the door open to the balcony, but inside.

She reported us to the building council and asked our other neighbour to have a word. Insane.

Anyway, we have proof that she is using her dining room to rent out for airbnb guests. This is strictly against our lease, and a serious breach of a lease is against almost all mortgage rules.

AIBU to report her to the mortgage company?

No, you own the property but not the land upon which its built

There are loads more leasehold houses being built now in the housing developments springing up everywhere. I would never buy one, unless it was a converted leasehold flat.

A lender will never 'call in' a mortgage that is being paid, it just won't happen.

As for renewing it she or anyone would only have a difficulty if switching to another lender and taking out a new mortgage. A lot of people use the term 'renewing' for when a mortgage is finished and fixed rate and you have to pick another one or go variable. That;s not actually renewing a mortgage, it's just a continuation of the existing mortgage and nothing can or will change to the original granted mortgage whether a person picks a new rate or not, it will just default to variable rate.

House insurance, yes, they should be advised but again doesn't affect the mortgage.

If you report her now, you’ve lost all leverage. She has no reason not to revenge herself in any way possible, and it sounds as if she’s capable of doing so

if you merely make the point to her that she is on very shaky ground, and you could, IF provoked enough, report her to lease-holder/mortgage Co/ council …. She is your serf

Do it and also report to your block management company

This.

And she says 'well they already know'.

Great point. If you aren't happy with the airbnb situation then you don't have to concede.

My initial comment assumed you were using the airbnb as leverage, rather than really caring about it. If true you can negotiate with it.

If not true and you do care about the airbnb, it seems reasonable to model how such a conversation should go between adults and resolve without third parties. If a third party comes along and doesn't stop her effectively, you have no where to go, she might stop purely on the basis that you are unhappy and she doesn't fancy the hassle of an escalation.

Looks like she's about to find herself in a FAFO situation!

I work in this area. Some Lenders check to see if planning consents for HMOs, released prisoner accommodation, etc are being submitted on houses they have mortgages on. One lender has a very effective department. I know 100% that some lenders carry out these checks.

If they find an issue they will write to the landlord/owner, say we believe you are doing X against the ts and cs of your mortgage and ask them to call them on the phone. They will not lend any more money to you. Even on another property. They will not allow a rate switch at the end of the fixed rate period - you have to arrange a new mortgage or go onto the svr. Which will be tricky if you are an air BnB. I am unsure if they put a fraud mark against your name for the future - because it is fraud.

Not all lenders bother to check. But air BnB listings are in the public domain.

The block of flats will be insured via the management company. An air BnB may invalidate the block policy. It’s important to check this as where does it leave the block if she breaches and say there is a fire.

The insurer will likely care. As air BnB will hold a different risk than an owner occupier.

If the management company care about your wet socks drying near the balcony (which I think is fair enough as the place will look unsightly if everyone’s drying washing everywhere - widow twankys laundry springs to mind) I’m guessing they will also care about air BnB guests!

https://planningaccess.york.gov.uk/online-applications/search.do?action=weeklyList

Easy to check. Here’s Yorks planning apps. I bet some lenders have a lovely bit of AI to check this now. Looking for a ‘match’ to an address they have lent on.

They may do the same with air BnB. I haven’t encountered that yet.

I would usually say no but in this case yes.

There's a high chance she is being so insane because she's running an air bnb and wants the outside to look as nice aka like none actually lives anywhere, as possible

You know it would be an unkind thing to do/ doesn't sit well with you otherwise you wouldn't have asked for the validation of this group first. The fact that she has been mean to you doesn't justify a similar means of retaliation. Then what will your community become? Just a group of people who rat on each other for the sole purpose of being unkind. Not a setting in which I'd like to live. Why not have a word with her instead?

Well if you report her to anyone it should be to the Freeholder then, or the "building council" as you call them.

I'd report her like a shot and take pleasure in doing so

Do it by all means, but don't be surprised if different flats have different lease terms - I do the electrical maintenance on a modern block, a few flats are sub-let, cause of much moaning amongst the owners of the flats that have a strict covenant in the lease, and the few others do not - apparently nothing can be done, and according to the managing agent who was explaining the situation, its not uncommon.

I would just ignore the neighbour for now.

Next time they try something, mention you heard that Airbnb was a breach of lease and you hope that no one does this , because the proof could have their lease terminated or a massive fine.

Will shut them up without having to go through the official hassle.

If she’s renting out that’s probably why she’s reporting everyone

I'd do it in a heartbeat. If someone is going to go round being a twat they should first make sure they have nothing that can be used against them.

Sounds like you did nothing wrong and she is doing something wrong. Send them an email now.

I hope you are joking

This 100pc

Lease contracts for flats often preclude their use in holiday lettings. A woman I know got royally ripped off by her partner & suddenly had no income. She advertised her spare room on a holiday accom site & the local shit-stirrer reported her to the building management company, who came down on her like a tonne of bricks.

How would you even know who her mortgage company is?

The mortgage company has a charge on the property. It's on the Land Registry title register. If you'd rtft you'd know.

Kwamtiki
Read your lease and identify the restrictive covenants regarding sub letting and report to the Management Co / managing agent the breach of the lease and that it will void block building insurance.
Also report the antisocial behaviour of the other leaseholders.
If the Man Co/ MA fail to act you can apply to First Tier property tribunal that they are failing to enforce the provisions in your lease. Contact
LEASE for help and a template of the Notice to be served on the Man Co/MA