mortgages?????

[story_teller]

i hope somebody can help me with this question i have a.s.a.p........ im currently privately renting a property and have had severel letters stating that my landlord may not be paying his mortgage, im pretty certain that my landlord has a residential mortgage and not a buy to let mortgage...... i have been in touch with his mortgage company and this is the impression that they gave me...... my conern is where does this leave me???? and is it illegal for him to be doing this i need an answer by 3.30pm lol as i have to have a meeting abt this and want to have a bit of knowledge

[logic]

I seem to get the feeling that this is somehow connected to an earlier thread,

[ChuckFickens]

it may be against the terms of his mortgage but it's not actually illegal.

The bad new for you is you don't have a leg to stand on with the mortgage company, they will not care that you have been paying the rent, they have a contract with your landlord, not you!

If it gets to the stage that the property get repossessed then you will get some blokes turn up and give you a little time (10min or so) to get some stuff together and you will be out and they will change the locks. they also have no requirement to allow you access back into the property to reclaim your belongings (but they may let you arrange a time to do it off their own backs)

If I was you I would find somewhere else to rent and get out of there as quick as possible.

I know this is what happens as it did happen to me fairly recently, and the place I was living got reprocessed despite me having kept totally up to date paying the rent. they did allow me to arrange a time to claim all my belongings luckily but only because they understood my posistion and took pity on me.

[Ethel]

Are these letters addressed to you?

[4getmenot]

thats what I wondered ethel as his mortgage company have no right to be sending letters to someone that isnt their client and also shouldnt discuss anything with you. This is between you and your landlord only

[joggerjayne]

I think the mortgage lender might have to give notice to anyone who is an occupier of the property ... not just "their client".

[ChuckFickens]

it is a good point actually,

I suspect that story_teller has been opening mail addressed to his landlord. because as rightly said the mortgage company would not send mail to anyone other then the mortgage holder and they wouldn't discuss the mortgage with anyone else.

I never realised there was a problem when it happened to me because I was forwarding all mail on once a week.

And isn't it actually illegal to open somebody elses post?

[ChuckFickens]

but if the mortgage is a normal residential one and not buy to let then the mortgage company probably don't know it's not the client living there.

[redcrx]

but it would still have the owners name on rather than the tenants.

[joggerjayne]

The lender will routinely serve notice on The Occupier(s).

There are quite often people living in a property who are not the mortgage borrower, eg ...

A spouse who is not an owner

Boyfriend

Girlfriend

Elderly relative

Children who are over 18

Lodger

Or ... unlawful tenant (unlawful because it's a residential mortgage, unless the mortgage lender consented to the letting)

[theonlyone]

Get down the council and if you are homeless
they have to find you accommadation ..but
as Chuck said start looking asap for a new home .

[Barmaid]

The bank cannot repossess without an order from the Court. You should have been served with a copy of the application notice and the Court will need to be satisfied that they have done so.

The fact that the mortgage lender does not know about the tenancy does not make it unlawful per se, the tenancy is a contract between the property owner and the tenant, the mortgage is a completely separate form of contract between lender and borrower. This could be important from the point of view of the rights you have under the tenancy (I assume you have an assured shorthold, in which case there are certain rights you have and it could be that the property can be repossessed by the bank, but your tenancy remain in situ).

You need to seek advice asap from the CAB.