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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9213
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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i think the hose Im living in has a charge on it by bank of

Customer Question

i think the hose I'm living in has a charge on it by bank of Ireland, am i leagally allowed to rent this house, i think people who own house still registered as living here, i get there mail and morgage letters, they ment to be divorced couple and he bought her out, but letters from Natonwide come as Mr & Mrs.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.

 

Hi there,

 

Thanks for your enquiry. I hope I can assist as my colleague is off line.

 

If the property does have a Mortgage registered against it, the owners are allowed to rent it out PROVIDED they have obtained the Bank's consent. Upon obtaining such consent, the owners would then be granted a "Buy to Let" Mortgage.

 

I confirm that Nationwide have "bought" all Bank of Ireland mortgages, so it makes sense that the Land Registry shows the Mortgage in favour of the Bank but that correspondence is coming from the Nationwide.

 

On the basis that Nationwide are writing to the owners at your address implies that they have not obtained the appropriate consent to rent the property to you. If this is the case, the danger you are in is that if the owners fall behind with their Mortgage payments and the property is repossessed, then the Court can and will also order that you vacate the property also, because in the eyes of the law your Tenancy with the owners is invalid due to the fact that no consent was ever obtained.

 

I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9213
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.

mortgage on house dated 2004, bank of Ireland charge dated dec 2010.

Expert:  Aston Lawyer replied 1 year ago.

Hi again,

 

Does the Charges Register show 2 mortgages then? One dated 2004 and one dated 2010?

 

AL

Customer: replied 1 year ago.

no 1 mortgage with nationwide 2004, then a charge by bank of Ireland 2010.

Expert:  Aston Lawyer replied 1 year ago.
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Customer: replied 1 year ago.

moorgage with nationwide is 2003/4 bank of ireland 2010, nationwide are original mortgage..... bank of ireland involved 2010, by dates it seems to me that nationwide would not need to buy the morgtage from bank of ireland, as it already nationwide mortgage

Expert:  Aston Lawyer replied 1 year ago.
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Aston Lawyer
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LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law