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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to think this is dodgy and I could end up homeless?

48 replies

messybedhead · 02/07/2010 10:45

I'm writing this on my phone so forgive any mistakes.
I'm renting a house which is being sold to a neighbour of mine. This neighbour has told me I can continue to rent it.

He has applied for a buy to let mortgage and he has showed me the mortgage application he made.

My lettings agent phoned me to tell me that a surveyor is coming round on monday at ten o'clock and that not only can I not be here, but I must remove any trace of anyone living here. They want me to move everything- the cot, toys, pictures, all our clothes and bits, everything!

Now I know there is some sort of dodgy arrangement and I think my neighbour is getting the mortgage through my estate agent which is why they are involved with the surveyor...

But I mean surely a surveyor looks at the structure of the building and doesn't care who is living in the house at the moment.

My mum reckons that I'd be completely stupid to do this because once I move everything of mine out and give over my key , then they could argue I've moved out of the property of my own accord and basically this could be there way of evicting me.

If you've read this far than thank you! What I want to know is AIBU to refuse to cooperate, or does anyone know of a type of mortgage where the surveyor needs to see a vacant property?

Thanks.

OP posts:
Coca · 02/07/2010 10:47

Sounds very dodgy. The surveyor won't give two hoots about your belongings.

bibbitybobbityhat · 02/07/2010 10:50

I have no idea what is going on here but whatever you do, don't move your stuff out! That is utterly ridiculous, how long would it take you to pack it all up for starters? Can you get someone who is quite assertive to speak to the Lettings Agent on your behalf? It is deeply dodgy and you are quite right to be suspicious.

mumblechum · 02/07/2010 10:52

Agree with Bibbety, don't move anything out.

ShinyAndNew · 02/07/2010 10:54

I agree with your mum. There is no way I would be doing this. Do you know which estate agents it is? Ring them up and ask why all your things would need moving, then ring your neighbour and say "I have spoken to the estate agent and they are fine with my things being here when they come. It would be too much for me to move everything because I have no where to store it all."

Then go to CAB.

Original poster
messybedhead · 02/07/2010 11:01

I seem to have started two threads on this oops!

I said to the estate agent that its going to be impossible to do and he said well do it to the best you can because you don't want to jeopardise the sale. He speaks to me like I'm really stupid and would not understand.

OP posts:
susie100 · 02/07/2010 11:03

Do you currently have a tenancy agreement? When does it run out? If the house is sold during your tenancy I believe your rights are protected.

Don't move your stuff it sounds unbelievably dodgy. The sale is not your problem!

slhilly · 02/07/2010 11:05

Perhaps I'm being stupid and don't understand, but why should you give two hoots as to whether you jeopardise the sale? You are the tenant, not the owner.

phoenixflower · 02/07/2010 11:07

whatever you do, DO NOT move your stuff out!!! It all sounds VERY dodgy to me, approach with caution. If you can, go to the CAB and seek advice before monday!

Original poster
messybedhead · 02/07/2010 11:10

My tenancy ran out in april so now its a periodic tenancy and obviously I'm still paying my rent on time every month.

I said to my neighbour that if I was given a valid reason as to why... Eg if they'd lied and said property was vacant and they get a better interest rate or something. But they are saying its because its a buy to let mortgage so the property can't be currently rented... But it doesn't make any sense!

OP posts:
susie100 · 02/07/2010 11:19

That makes no sense at all, it is not theirs yet.

I would start looking at some other flats just in case the property is sold and you are given notice.

They could not kick you out before they bought it or without giving you notice but it stills sounds very dubious. Even if its all above board its completely unreasonable to expect you to clear your flat out!

lalalonglegs · 02/07/2010 11:34

There was a famous case where a surveyor was sued because he had failed to notice that a man's estranged wife still had her possessions in the house he was inspecting and, therefore, had a claim on the house but I don't see why it would affect a buy-to-let property. One of the questions on the mortgage application form for BTL is: does it have current tenants? How much do they pay? As long as you have an assured shorthold tenancy, I don't see why it would be a problem.

Agree with everyone else - don't move a thing.

slhilly · 02/07/2010 11:35

If you're now in a periodic tenancy, I think you should prepare that they will want you out. Presumably they only have to give you a month or two's notice, so I would get cracking with finding an alternative.

oiteach · 02/07/2010 11:38

I would have thought that having a sitting tenant who pays on time and always has done would help to secure a BTL mortgage rather than hinder it??

Don't move your things out, definitely speak to either CAB or Shelter for advice.

In the meantime , ask the etate agent for confirmation in writing as to why they want you to do this.

Colliecross · 02/07/2010 11:40

DEEPLY DEEPLY SUSPICIOUS.
Don't move anything at all or hand over keys and get a CAB appointment asap.
Be prepared to be given notice tho.
I never had a landlord who wasn't a complete b***d myself.

TimeForANewWan · 02/07/2010 11:45

I agree with the other posters, whatever you do, don't move your stuff. I'd get advice from CAB asap.

I hate the way people assume that you are stupid/a push-over just because you're a mum. I wouldn't usually suggest this but, if you are feeling bullied it may help to get someone else to help in discussions with estate agent and neighbour. Like a big strong, scary looking brother/friend?

Starbuck999 · 02/07/2010 11:45

Sounds very dodgy. To me i think they may have lied and haven't applied for a buy to let mortgage or your current landlord hasn't told them you are still living there and has therefore just lied to you that you will be able to continue living there.

I can't understand why you are worrying about this and not getting some answers. Phone your landlord demand to know the exact reason why they want your stuff out, then phone the estate agent and demnad the same information. Be firm and don't let them fob you off with excuses.

Let us know what happens, good luck x

Debs75 · 02/07/2010 11:49

Don't move your stuff out at all, it does sound like a ruse to get you out without going through eviction.
when we had our house valued the surveyor didn't mind looking through our messy bedrooms so can't see why a surveyor would need all traces of you out.
Ask your neighbour what he wants, if he wants to rent to you after purchase ask for a contract stating if sale of house goes through then he is happy to continues renting to you

Original poster
messybedhead · 02/07/2010 11:51

I'm waiting for them to send a plumber round first for a blocked toilet... Then once its fixed I'll start asking questions!

But thank you all for confirming I'm not a paranoid fruitcake.

I will update once I've spoken to them.

OP posts:
Threelittleducks · 02/07/2010 11:52

Don't do it. You have rights. Go to CAB.
Sounds ridiculously dodgy!!

toccatanfudge · 02/07/2010 11:53

agree with the rest - sounds very dodgy, don't move your stuff and get advice asap

StillSquiffy · 02/07/2010 11:53

House will be getting sold with 'vacant possession on completion' and having sitting tenant will almost certainly complicate the sale from a legal perspective and could have negative effect on mortgage application (even though logic would say it would improve a BTL application). So I'm not overly shocked by this. I would say that you need his solicitor (not his estate agent) to telephone you and explain the reasoning, and then take it from there.

cocobongo · 02/07/2010 11:54

Also, there is no reason why you shouldn't be there when the surveyor is there- in fact, make sure you are there! at best, they are maybe buying this with a normal residential mortgage rather than buy to let- this may be because the bank won't lend them on a buy-to-let mortgage (most banks are trying to reduce their exposure to buy-to-lets). At worst, they are trying to evict you.

miso · 02/07/2010 12:00

Don't move a thing, get advice ASAP.

Maybe there is a local advice centre you could phone, also I think Shelter may have a phone advice line with legal advice. (They don't just deal with homelessness but general housing issues).

The forums on Landlordzone www.landlordzone.co.uk/forums/forumdisplay.php?f=3 (Residential Letting Questions) are also useful if you ask a specific question.

They have some good legal experts on there, who have seen plenty of scams & dodgy dealings and are good at advising tenants.

If you think something is dodgy, then it very probably is, even if you can't work out what it is!

If it wasn't dodgy, they would give you a proper explanation & not fudge.

Jackstini · 02/07/2010 12:03

I have bought a few properties on BTL mortgages and it has never mattered if there is a tenant, owner or property is vacant for the survey.
I would definitely be suspicious!

JennyPiccolo · 02/07/2010 12:05

i used to work in a mortgage application processing office for a major bank, and it was standard to request tenancy paperwork for applicants on a buy-to-let mortgage, i.e. the applicant had to prove they had somebody lined up to stay in the flat.

This makes me think he's up to something, im not really sure what though.

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