Hi thanks for your question. My name is***** can assist with this.
If your mortgage company is asking for confirmation that all lease covenants are complied with, then yes, they can refuse if (and only if!) the tenant has put you in breach of the covenants.
You could perhaps ask for a qualified letter, confirming everything else apart from a potential breach (which you can say is disputed) about the tenant's behaviour.
The lender is more likely interested really in financial covenants.
But, if you need to, you might have to ask the tenant to leave so that you can get the confirmation that you need. You could, of course, always grant a new tenancy afterwards (although I appreciate the tenant will have likely found a longer term arrangement by then).
Okay but the fact that they have not told me of any significant problems prior can i dispute non compliance and insist on a letter of compliance?
No, because they're under no obligation to report potential breaches to you.
So the fact they didn't isn't something you can complain about.
It seems unfair I agree, but it comes down to strict legal rights.
What i don't understand is even though they are not obliged to inform me of a problem, how can they refuse a letter of compliance , when they have not given me any notification of any wrong doing on my tenant's part, in order for me to comply with the conditions of the lease?
Beacuse they say you're not in compliance - thry're being asked to certify it - and they say you're not so they cannot certify it.
What they could do - and which I think the lender would be happy - is to confirm that they're not planning on taking any action over it and that before they do, they would give you chance to end the tenancy and evict the tenant.
In fact they are not answering my solicitors emails / letters, basically not cooperating in anyway.
Then to be honest, it might be eifficult to get the letter of compliance through at all until you deal with the tenant, if she is in breach of the lease terms. If not, then you could apply to Court to force the letter of compliance be given. That would be the more expensive approach then asking the tenant to leave, as unfair as that might sound.
Okay thank you very much.
I have added a bonus on exiting the chat room I hope you receive it Okay thanks again for your help.
Thank you so much!