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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Dear Sir/Madam, I am trying to remortgage a property and

Resolved Question:

Dear Sir/Madam,
I am trying to remortgage a property and have been given an offer from a
mortgage company, however during the conveyancing process my solicitor has
requested a compliance letter from the management company of the block of flats,
I have been told that I will not be given a compliance letter due to the
unsocial behaviour of my tenant, the only time I have been informed of a problem
with my tenant was a year ago when a complaint was made from the neighbours
below regarding my tenants 2 year old grandson running along the hallway (we
were all young once) I spoke to my tenant about this and heard nothing else so
assumed this problem was resolved.
I have now been told that they are not happy because the management had to buy
new entrance hall carpet because of my tenants cats they also state that the
daughters of my tenant are attracting undesirables to the block and have even
mentioned that one of the friends have been convicted of a serious offence and
served a custodial sentence but have not gone in to details. I have not been
told of any of these problems until now after having requested a compliance
letter. Are the management within there rights to refuse me one,? had I been
told of these problems regarding my tenant I would of course written to her to
resolve these issues, I would not wish for my tenant to cause unnecessary stress
to any of the neighbours. I have verbally been told by the management company
that I would have no problems getting a compliance letter if I evicted the
tenant. I have known the tenant for a long time, she is a single mum, the rent
is always paid she is always polite and never caused me a problem. I don't feel
comfortable evicting her on the grounds of a sudden barrage of verbal complaints
with nothing in writing or subsequent timeline to substantiate them.
Can I insist on a compliance letter on the grounds I have not been officially
informed of any wrong doing with regard to my tenant and if so how will I go
about? The management are not replying to any letters emails or phone messages.
Many thanks,
Paul
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hi thanks for your question. My name is***** can assist with this.

tdlawyer :

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.

tdlawyer :

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.

tdlawyer :

The lender is more likely interested really in financial covenants.

tdlawyer :

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).

Customer:

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?

tdlawyer :

No, because they're under no obligation to report potential breaches to you.

tdlawyer :

So the fact they didn't isn't something you can complain about.

tdlawyer :

It seems unfair I agree, but it comes down to strict legal rights.

Customer:

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?

tdlawyer :

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.

tdlawyer :

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.

Customer:

In fact they are not answering my solicitors emails / letters, basically not cooperating in anyway.

tdlawyer :

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.

Customer:

Okay thank you very much.

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
tdlawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I have added a bonus on exiting the chat room I hope you receive it Okay thanks again for your help.

Expert:  tdlawyer replied 2 years ago.

Thank you so much!

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