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Ask Max Lowry Your Own Question

Max Lowry
Max Lowry, Advocate
Category: UK Property Law
Satisfied Customers: 1412
Experience:  LLB, 10 years post qualification experience
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Hi I have a 6 mnth assured tenancy and one month into it I

Customer Question

Hi I have a 6 mnth assured tenancy and one month into it I have received a letter from Touchstone CPS informing me that the landlord is in breach of his buy to let agreement and therefore they are the recievers of the property. They want all payments to go to them. I have no contact with the landlord as I let through a letting company who have told me to pay them until they can clarify what is going on. What is my legal position here? I have 2 young children and the letter I received was quite threatening talking of changing locks etc.. if i did not do as instructed. Thank you for any help you can provide

Gayle
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Max Lowry replied 1 year ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Firstly, do you know whether the landlord takes the view that your tenancy is binding upon them?

Customer:

I believe so. They have put the property into the hands of a letting and management company who represent them. I have met the landlord and he has stated that he is happy for me to be a long term let.

Max Lowry :

Okay - so have they obtained a Court order to repossess from your landlord?

Customer:

They have stated that the landlord still owns the house and he can still put right the issues which have breached the terms of his agreement with the lender but until that time they are as of june 12th, in charge of collecting the rent and maintaining the property. They have said they will honour the occupancy rights after seeing my legal contract.

Max Lowry :

Okay. This is normal with a buy to let, because the lender knows of the tenancy (that being the point of the mortgage) and accepts it. So, it is bound by it, and it cannot repossess the house from you simple because the landlord fails to pay the mortgage.

Max Lowry :

Does the landlord consent to you paying the lender at this stage?

Customer:

Ok so they cant send people to change locks etc...? They stated that if I didnt send all the documents asked for they could claim vacant possession and do this. As a mother with young children this terrified me. My letting agents have just emailed me to say that the last rent payed a few days ago wont be passed onto the landlord in case touchstone have a genuine case. I am now worried that after 6 months I will have to move again

Max Lowry :

Typically, the lender can only demand the rent from the point at which they come into possession of the property, or in other words, when they have a Court order confirming that they "are in possession". They should show you documentation confirming that they have become entitled to possession.

Max Lowry :

No, they cannot send people to change the locks.

Max Lowry :

That would amount to unlawful eviction and would be a criminal offence.

Max Lowry :

You as a tenant have rights.

Max Lowry :

Once a lender steps into the landlord's shoes, it can sever notice to end your assured shorthold tenancy in the usual way as your landlord could (i.e. usually at the end of the initial 6 month period of the tenancy - but this depends on your agreement with the landlord) and seek possession against you. However, most lenders in this market place are content to continue renting until the property is worth selling or the landlord gets himself back into shape and can pay the monies due.

Customer:

They have only sent a letter of recievership not possession they have actually stated that the landlord still owns the house so this seems a long way off. I'm beginning to wonder if this would be worth bringing a case against them for scare tactics!

Max Lowry :

No, you don't want to upset the lender by the sounds of it if you want to remain there!

Max Lowry :

You're the innocent tenant remember.

Max Lowry :

You're just caught in the middle.

Customer:

Ok understood. I do very much want to remain here as my children need to be settled and secure in their home. So should I pay the rent to my letting agent not CPS?

Max Lowry :

Yes, if they've become receivers of the property, the rent is properly payable to the lender.

Max Lowry :

Does this answer your question?

Customer:

The lender would be Touchstone. Ok, I will endevour to cope with it all and I thank you very much for your help as you have really eased my mind especially in regard to the changing locks issue. Yes it does answer my question and allows me some sleep tonight!

Max Lowry, Advocate
Category: UK Property Law
Satisfied Customers: 1412
Experience: LLB, 10 years post qualification experience
Max Lowry and 2 other UK Property Law Specialists are ready to help you

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