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Original poster

Don't think landlord has right to let

18 replies

AGHHHH · 20/01/2019 17:19

Just got an email from his mortgage company saying they've been trying to contact him here. I looked up the title plan and his address is this one I'm renting.

This place has turned out to be a dodgy shit hole and he is refusing to do repairs because he can't afford it and gave a £50 discount for not fixing a leaking ceiling or being able to viably use the living room due to it... £50 to cover the whole years tenancy. And that was after being asked, he was ignoring the repair request completely. There is something new coming up every single week.

We also don't have an address for him on our tenancy agreement. It's all through an agency.

What does all of this mean? I have limited experience admittedly. It's a house share with a joint contract.

Thank you.

OP posts:
Original poster
AGHHHH · 20/01/2019 17:19

A letter * from mortgage company...

OP posts:
mummmy2017 · 20/01/2019 17:22

Send the letter too the agents.
Also maybe contact mortgage company.
You might find he should have done it. But council should help you find a house.... Could be a silver lining for you.

veggiepigsinpastryblankets · 20/01/2019 17:26

If you shop him to his mortgage company he will be in trouble with them, which it sounds like he deserves, but it could also mean you're out of a home. Of course if you're wanting to leave but can't because you're in a fixed term contract that might be a good thing...

My other concern given the circumstances would be that they're trying to contact him because he's not paying them. In which case they may well be gearing up to repossess the house and you could be evicted anyway.

Shelter or CAB could probably advise on what your rights are in either of these scenarios.

mumsastudent · 20/01/2019 17:28

isn't it law that you have to have ll address???? I would suggest your agency is iffy too - go find somewhere else to live please tell me you haven't paid deposit?if you have they MUST tell you which deposit scheme within 30 days & they can get fined & have to pay you back up to 3 times the amount - the mortgage company could be chasing him because he hasn't paid the mortgage. You also need to contact council who will visit property to check state

Original poster
AGHHHH · 20/01/2019 17:37

Thank you, I've emailed the council to seek advice and will ask our agent what he knows about this. Eek, not paying the mortgage!

I knew about the deposit protection and that was given within 30 days so that part seems to be by the books at least.

OP posts:
greenelephantscarf · 20/01/2019 17:41

get onto your council regarding the outstanding repairs.
return the mortgage letter to sender - not known at this address

yes, your letting agent must give you the landlords address. it's the law.

Original poster
AGHHHH · 20/01/2019 18:02

Thanks,

Does anyone know the law with regards to rent not being valid for the period when we didn't have the address, for example? I read somewhere without an address he's not entitled to rent.

OP posts:
DiveBombingSeagull · 20/01/2019 18:16

You don’t have the right to the landlords address only the right to an address at which the landlord can be served legal notices, which can be the address of an agency.

mummmy2017 · 20/01/2019 19:36

Unauthorised Tenancy... The Mortgage Company asking if you know his address is very worrying...
I think you need to ask the letting agent about this.

AwdBovril · 20/01/2019 19:45

If he is renting the property out without the consent of his mortgage company, it will cause a number of issues. His buildings insurance may be invalidated, so any issues caused to you may not be covered. If he is in mortgage arrears & they are gearing up to repossess, or if you think they may be, I'd start looking for another pkace to rent. Or, at least, make sure you're ready to move out at short notice - if/when any eviction takes place, the mortgage company is obliged to allow a tenant access to retrieve their goods. But, the tenant must be able to prove tenancy, & will probably have to pay for access, not cheap, this is due to the mortgage company's insurance requirements.

You are entitled to inform the mortgage company that you are in residence. They will not be able to give you any information due to DPA. At least you would know where you stand.

Jon65 · 20/01/2019 19:55

Sounds as if he has mortgage arrears. Look for alternative accommodation asap.

mumsastudent · 20/01/2019 20:03

www.gov.uk/private-renting
england.shelter.org.uk/
you can contact shelter & ask questions
there are good ll & good tenants - if you obey the law as a ll &your tenant does his part too - great! sadly you can have bad ll (& some of the housing associations & council leave a lot to be desired -especially about fixing things in a "timely fashion"- but I think its not only nasty to be a bad ll it doesn't make business sense not to be fair. Sadly you can also have bad tenants. I think this ll & his agent don't sound like they are obeying the law - you need to ask what to do from shelter -you can ring them - quickest way to get the info you need. hope this helps

Original poster
AGHHHH · 20/01/2019 21:16

Thanks everyone, very helpful

So it's either likely to be missed payments and/or unauthorised tenancy.

I've checked the Rent Smart Wales database which landlords are required to register to and it is listed as being as a rental property there, but with the lender writing to him here and this address being on the title plan suggests it's not authorised with his lender. Is that right? Does anyone know anything about it being in Wales? Didn't think there would be different rules.

OP posts:
Fstar · 20/01/2019 21:25

We come across this a lot, people think its their house and they will do as they please but they forget the charge by the mortgage company and terms and conditions (ours states we do not allow any part to be rented and property shpuld be fully maintained to a good state of repair). If you were to contact us we would possibly allow you to stay to the end of the agreement but then the landlord would need to fully repay the mortgage or move back in as main residence. If i were you id contact the mortgage company and check their stance. The agent probably should have checked the charge and mortgage before you rented

lynnepot · 20/01/2019 21:27

Go through the agency. A part of your rent goes to them to manage the property so this is what they are being paid for.

Original poster
AGHHHH · 20/01/2019 22:46

Thank you,

It's annoying the mortgage company has no email contact. Only phone and post. I was hoping to email them tonight! Will have to call tomorrow but I hate phone calls.

OP posts:
Original poster
AGHHHH · 23/01/2019 14:03

Update

I called the mortgage company and sent them my agreement.

Our agency believes that as the landlord is registered with Rent Smart, the government body in Wales that landlords have to register with, that there can't be any problems with the right to let.

That didn't seem right so I called Rent Smart who confirmed they wouldn't ask for mortgage documents and registering with them is something else entirely.

Shelter have confirmed all you've said here and advised me to pass on our agreement to the mortgage company and start looking for somewhere else just in case.

OP posts:
19lottie82 · 28/01/2019 23:02

yes, your letting agent must give you the
landlords address. it's the law.

This is incorrect.

The agency must give you A contact address for the LL, which could be c/o the agency.

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