Any property lawyers out there?

[OhThatThingAgain]

NDN bought a house on a BTL mortgage, there is a clause in the mortgage that says it should be rented on an assured short term tenancy.

He isn't doing this. He's using it as an AirBnb party house.

We've seen up to 20 people staying in the house at any one time. There have been three short lets in 2 months.

Do I seek a solicitor and approach him, get a solicitor to approach his mortgage company or approach his mortgage company directly.

I've got all the evidence I need (I'm an auditor) so I know how much further evidence rather than hearsay goes.

I'm all set to go forward with this now, I want him out for breaking the terms of his mortgage.

Do I get a solicitor or go directly to the mortgage company?

(He has never lived in the property and there has never been a tenancy agreement on it as far as I know, but he may be using a friend to act as a tenant to use as proof of AST).

Any ideas?

Have you thought about contacting Airbnb? I know a flat in a friends block was being let to hen and stag dos all using the pool/gym for residents. Only 6month+ rentals are allowed in the building. The residents association contacted Airbnb who pulled down the listing.

I don't fully understand this. You say the property is owned by a limited company but then say that the owner on the deeds 'doesn't have a pot to pee in'. Who owns the property then? The company or the guy with no money?

I think you have done all you can regarding reporting the issue to the mortgage company. It is not illegal to have an airbnb, but the mortgage is a private contract between the owner and the lender and (as you have already discovered), they will not give out private details to you. Due to the very large numbers of people who run airbnb and do not own their houses outright, I doubt that the mortgage company are going to be particularly worried or give too much of a shit about your threats to them (sorry to be blunt). I am not even sure how you know what sort of mortgage funding the owner has or what the terms of that particular product are. It's not publicly available information.

Why don't you focus on the noise issue, because that is something you do have a right to do something about. Leave the mortgage thing as you risk sounding slightly unhinged.