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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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what can my son do he went into a let to buy house with the

Resolved Question:

what can my son do he went into a let to buy house with the promise the landlords would get him a mortgage after five years, they cant get him a mortgage and wont give him his money back that has been saved that he has been paying extra to the rent
Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.
Matt Jones :

Hi i will try and help

Matt Jones :

is the landlord a housing association?

Matt Jones :

Can you tell me a bit more about how this arrangement came int being with the landlord and what promises were made?

Customer:

No the landlord is not a housing association

Customer:

My son went into a private agreement with the landlord who has a lot of property, my son signed a contract to buy after five years and the landlord said he would get him a mortgage but because of bad debt that my son was left with by his ex wife he can't get any credit, the landlord said he won't give him the deposit back and it is about sixteen thousand pound

Matt Jones :

is there a signed agreement in place that deals with the terms in relation to the mortgage or deposit?

Customer:

yes they said they would get a mortgage he signed a contract with a solicitor but my son cant remember what it said about getting the deposit back if they don't get him a mortgage, can I just say he was under the influence of drink when he signed the contact

Matt Jones :

have you got a copy of the contract?

Customer:

he is looking for it but can't seem to find it, it was a solicitor that the landlord got

Matt Jones :

couple of other things:- 1) what date was this contract signed and when did your son get into financial difficulties?

Matt Jones :

2) has the rent always been paid or are there arrears?

Matt Jones :

3) was he paying additional rent each month to save up for the deposit?

Matt Jones :

4) when you say he was under the influence, to what extent? just a few, or completely incapacitated?

Customer:

not sure of the date it would be about nearly five years and I would have to get more details of him, he was in difficulties when he took out the contract and had been for quite a while after his divorce , no there is no arrears and yes he has he is paying more each month to pay the deposit, he was drinking quite a bit at that time but i'm glad to say he doesn't touch drink now

Matt Jones :

ok thanks.

Customer:

will you be able to help with this question and give a bit of advice

Matt Jones :

the let to buy contracts through local government housing associations are the exact opposite. You pay less on the rent so that you can save up for the deposit. They are of course regulated. the private arrangements are unfortunately not. It is difficult to advise you fully when you don't have the actual contract in front of you as there may be something that could be relevant in the written agreement. I am not sure how the Landlord could have given any kind of promise to get a mortgage, espectially after 5 years as the market changes so much. One issue is that your son appeared to be in financial/credit difficulties when he signed the agreement as so should have disclosed this to the Landlord which may have informed their decision to entered into the contract.

Customer:

he did inform them of his situation but they said they would still be able to get a mortgage because he would have five years of paying the rent and the top up on time, to show that he would be able to pay a mortgage

Matt Jones :

does he have evidence of this - something in writing?

Matt Jones :

also are the landlord authorized by the Financial Service Authority or just a property person/company?

Customer:

I don't know matt I'm sorry, can I find out from him and come back to you another day I just got on and asked the question from you without getting all the details , you know what mothers are like, I just don't want him losing all that money

Matt Jones :

I totally understand

Matt Jones :

not to worry

Matt Jones :

It is a large sum of money. There may be a case to sue them but it would require a lot more analysis

Matt Jones :

if you wish you can come back and ask further questions when you have further information.

Matt Jones :

If you are happy leave me positive feedback so I can be paid for my time tonight. the question wont close and you can always come back with additional questions on this subject at any point

Customer:

thank you I will find out more details from him and get back to you thank you for your assistance

Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience: I am a qualified and practising Solicitor with over 7 years post qualification experience
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