Landlord hasn't paid mortgage

[claire78]

My sister has received a notice of eviction (in 2 weeks time) from her landlords lender (presumably he hasn't been paying).

 

My sister and her friend have always paid the rent on time and can prove this.

 

Can anyone offer any advice on what she should do?

[Nightmare4banks]

claire78,in reply to your posting and in my opinion:

 

1.There is not much your sister and her friend can do apart from asking for abit more time to obtain alternative accomodation.

 

2.The landlord has obviously defaulted on the mortgage and in doing so he has he has also breached the agreement between himself and your sister & friend.

In theory,your sister and her friend could sue after they move out.

 

Before I comment any further could you please answer the following questions:

 

a.When did the tenancy start?

 

b.What was the length of the tenancy?

 

The answers to the above questions should enable me to hopefully assist you further.

[claire78]

They have been there since 1 Jan 05, they have had 6 month contracts and always signed up on time, assured shorthold I think.

 

This actually happened a few months ago as well, but presumably the landlord sorted it out then.

[Nightmare4banks]

Claire78,as I mentioned before in my view there is very little that can be done because your sister and her friend because the mortgage company does not have the duty of care towards tenants like a landlord does.

 

So,I would say again that your sister and her friend should contact the morgage company and see what the response is.

 

Once you get the response,post it here for us to try and help you further.

 

All the best!

[claire78]

Thanks for the advice, I'll pass it on:)

[chopperclaire]

Hi

I am a Conveyancer (Property Lawyer) and would recommend trying to find out the following:-

 

* Is the mortgage secured on the property a specific "buy to let mortgage"? If not you may have occupiers rights if no Occupier's Consent form was signed at the time your sister moved in.

* Has the Landlord remortgaged or taken out a mortgage during your sister(s) occupation of the property? If so she should have been informed of the same.

* Explain the situation to the lender, and I would recommend serving Notice on the Landlord that due to you receiving Notice you will be terminating the tenancy in (x) amount of days. Also state that you expect refund of the deposit to be available on that date.

* NOTE - you may have seen people on here struggle with getting deposits back etc as the Landlords say things need repairing/cleaning. I would recommend making a list of any faults at the property, and also taking pictures of the state you leave the house in.

 

Hope you have some luck with this. If I can help in any other way PM me.

 

Claire

 

Hi