assured shorthold tenancy

[zaffie]

Hi

hope someone can give advice. Basically daughter and partner had a six month shorthold tenancy agreement managed through a letting agent.

Six weeks ago found out that landlord had not been paying mortgage contacted building society and he does not have a buy to let mortgage. Mortgage company say "we would advise you that your occupation constitutes a breach of the mortgage, which prohibits letting and leasing without our prior written consent.... we do not recognise your right to occupy the property."

Letting agent has said that landlord is overseas and cannot be contacted agent has also said his family have not heard from him since before christmas.

Tenancy has now run out. Agent verbally told us to stay as long as we need to find another home she also said that under the circumstances she did not expect rent to be paid.

Now she is demanding rent to be paid. How do they stand legally? it looks as if they have no legal right to a tenancy as it is in breach of the mortgage. Can rent be demanded under these circumstances. Letting agent is unhelpful and evasive and does not belong to any professional body. Any advice welcome

[Planner]

The landlords arrangements with the mortgage company has nothing to do with your arrangement with the landlord in terms of rent payments.

 

You have a legal tenancy agreement and while you occupy the property you must pay rent.

 

If you dont the LL/LA can seek to evict you via s.21/s.8 and claim costs and unpaid rent back via the courts.