Renting advice (wayward landlady)

[badgermark]

Got a slight problem with my flat.

Our landlady is apparently in arrears with her mortgage, we've had a solicitor at the door explaining stuff to us, and our landlady is unreachable. Our lease was for 6 months, and that expired in November there. Now when we moved in we were told that extending the lease wasn't a problem, and expect the landlady round for an inspection and what-not. Had no word. Now her mobile number is going straight to the answer phone and trying her home phone (from the phone book) reveals she doesn't live there.

Now we're still paying rent to her bank account, and for all the bills in the flat. What the hell do we do? Continue paying rent and see what happens? I have no idea really, where can I go to get some proper advice on this kind of stuff?

[Transcend]

i would go to your local citizens advice burea

[38thBeatle]

I agree with H_G, go see your local CAB for some free advice. If she defaults on the mortgage then the lender can repossess but if you are continuing to pay rent then you should be able to stay -at least for a while but you need to find out where you stand with regard to the lease. Your lease was with the owner of course and not with the lender however you have certain rights and you need to clarify what they are. You have continued to pay rent in good faith and that counts for something but get proper advice Mark- best of luck.

[Ted]

As tenants you're relatively well protected.

Just keep on complying with your lease and perhaps start thinking about moving upon lease expiry.

I don't know how much Scots law differs from English in terms of residential tenancies, but CAB will be able to assist - one would hope.

[Mr Ed]

One more for the CAB here, it's what they're paid to do.

Also, start keeping a tentative eye out for other places to move to so, if you have to, you at least have a few places in mind.

[Elliot]

In English law (I think in this area Scots laws is pretty much the same) your'e not as well protected as you think - if the mortgage company repossesses the property your all out: they have a greater right of possession to you as a mortgage is a granting of the legal estate to mortgage company for the length of the term.  Further, they are not bound by your tenancy agreement.  

You won't be kicked out immediately (that would be illegal) - but the mortgage company will first give you a month's notice to leave - if you don't go they will take possession proceedings and have the bailiff remove you (and you then have to pay their costs for the pleasure of it).

As the landlady is not living in the property, the mortgage company could take possession without a court order (although they would still have to give you notice) - the best thing to do is hold firm until you get your marching orders and keep on paying rent.  But in all probability it may be time for a move.

[Antag]

If it was me, I'd look for a place now & get out of there before it comes to bailiffs/court orders etc.

Perhaps I misunderstood the initial post: your lease expired in November, but you're still paying her rent without having signed a new agreement?  Then you're not under any obligation to honour notice periods etc, or even keep paying rent (anyway, by going incommunicado, the landlady doesn't deserve to receive your money).  I'd run, not walk, away from this situation unless there was a VERY good reason to hang on (e.g. rent MUCH cheaper than anything else you can get...)

[ToneMonkey]

Most rental contracts turn into a rolling contract once the initial tennancy period is over.  Our estate agents kept trying to get us to pay and extra £100 for redrafting of the legal contracts (once a year) until I read it out to them  :roll:

[Elliot]

Antag - that's not quite true - unless otherwise stated in the agreement all 'short' residential tenancies (aka assured shorthold tenancies) become 'statutory periodic tenancies' at the end of the contractual period of the agreement.  Therefore you are still are under an obligation to pay rent and give one period's notice (in the case of a monthly tenancy - that's a month) before leaving.  Likewise the landlord can't kick you out with service of the right notices and ultimately (if you don't go) a court order.  

The above doesn't apply to a lender who takes possession - as you have no lease with them - they can still end your right to stay in the property by giving notice.

[Kilby]

Err I would suggest assuming the worst, and having to find a replacement place to live in a quite short time scale (and 4 weeks is quite short to find somewhere decent)

So whats happening about your deposit

Try to track her down regarding your deposit, as you will be wanting that back. If she is messed up financially then don't assume that you will get it back.

If you cannot contact her then not paying the rent may be the only way to get her to contact you. Needless to say have the money somewhere safe so you can pay her.

If you are forced out by the creditors (and she dosn't refund your deposit) then at least you can use the withheld rent as a deposit for a new place.

I know morally it's a bit dubious, but you have been placed in an poor position and need a roof over your head.

Rob...

[badgermark]

Thanks guys, I needed some advice on where to get advice (if that helps...).

Planning to see the CAS people soon (CAB of something for up here) and possibly a student advice people, as both of us are students.

Thanks for all the help again, I plan to keep paying rent, I don't want to be in the wrong at all. Should take a few months to see though. Still think it's odd that she doesn't live at the place specified on the tennancy agreement....

[Mr Ed]

Yeah, good idea on asking your student support centre too.

[Elliot]

Before you go I wouldn't worry about witholding your last month's rent in lieu of the return of the deposit - it is common advice given by landlord and tenant lawyers for someone in your situation.

[badgermark]

Right so I talked to my Landlady last night, turns out there was a death in her family and said relative was the guarantor of her mortgage, so everything should be alright once she sorts out details and stuff.

Panic over...

Thanks for the help peeps, I really appreciate it.

[Antag]

IMO something doesn't quite add up: If her situation with mortgage arrears had got to the stage where solicitors were knocking at your door, there's got to be more to it than that?

Hopefully it's just my untrusting & paranoid nature :) but I'd be very wary of accepting her explanation...