UK Property Law
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Hi, welcome to Just Answer. I will help you with your question.
Firstly, do you know whether the landlord takes the view that your tenancy is binding upon them?
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.
Okay - so have they obtained a Court order to repossess from your landlord?
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.
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.
Does the landlord consent to you paying the lender at this stage?
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
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.
No, they cannot send people to change the locks.
That would amount to unlawful eviction and would be a criminal offence.
You as a tenant have rights.
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.
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!
No, you don't want to upset the lender by the sounds of it if you want to remain there!
You're the innocent tenant remember.
You're just caught in the middle.
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?
Yes, if they've become receivers of the property, the rent is properly payable to the lender.
Does this answer your question?
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!
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