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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10346
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My friend rents a flat. Has paid rent in full and on time to

Resolved Question:

My friend rents a flat. Has paid rent in full and on time to Landlord for two years. Has now received letter from Mortgage Company addressed to 'The Tenant' seeking possession of the flat. 'Landlord' apparently has failed to pay mortgage payments for some months. What is the tenants position please? The tenant has shown exemplary conduct throughout. Has tried to contact landlord but without success.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

A Landlord is under a duty to obtain consent before a property is rented out.

It appears to me that unfortunately the Landlord did not obtain consent from his Mortgage Lender to rent out the property to your friend. Otherwise, he would not have received a letter from the Mortgage Company.As such, the Courts deem the Tenancy Agreement invalid.

The Mortgage Company will no doubt be issuing such court proceedings to repossess the property, and the Court will order yor friend to vacate.

I am afraid the fact that your friend has always paid the rent on time is no defence and the Court will still order that he vacates (normally within 14 days of any repossession order).

I am sorry for the bad news, but hope I have set out the legal position.

Kind Regards

AL

Customer: replied 2 years ago.

The landlord did get permission from the Mortgage company to let the property. The tenant asked the question as an estate agent was involved initially.

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

Well, if consent was obtained, the Mortgage Company have to honour the existing Tenancy Agreement, and your friend won't be asked to leave earlier than the end date of the Agreement.

It does seem strange that the Mortgage Company has written as they have, if consent was obtained. Your friend should therefore try and speak to the Mortgage Company to clarify the position.

Kind Regards

AL

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10346
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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