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roryl
07-04-2010, 22:33 PM
Hi, I was wondering if you could help shed some light on my situation.

I received a letter from my LL's mortgage company requesting that I call them to discuss the tenancy. It did not mention why, just to call them. When I called them they asked for my name, a contact telephone number, the length of my contract (I had to explain that it is 12 month AST ending in Sept but I've been given notice to leave at the end of May, LL attempted to raise rent illegally then used break clause to get me out, they're a total nightmare), how much rent I pay p/m and (bizarrely) if I'd been in contact with the LL and a contact phone number for him.

When I asked why they need this information they told me they could not say because of the Date Protection Act, they only said that they needed to collect information about the tenant.

What I want to know is why would a mortgage company contact me like this? I asked on another forum and the consensus seemed to be that they are preparing to repossess the property and are trying to find out their obligation to me when they do. Is this likely or is there another reason why they would contact me like this?

Thank you for your help.

Snorkerz
07-04-2010, 22:37 PM
I'd agree with the other forum.

Funny how DPA prevents them telling you about the landlord but doesn't prevent them asking you equally sensitive questions about him and his business!

roryl
07-04-2010, 23:04 PM
Definitely, its a shame that it falls just after my exams end, I could do without needing to think about moving while doing exams.

I'm worried that the flat is going to be repossessed and I'll have to leave earlier or deal with more nonsense. I wish the mortgage company were more open about why they contacted me.

mind the gap
07-04-2010, 23:11 PM
Definitely, its a shame that it falls just after my exams end, I could do without needing to think about moving while doing exams.

I'm worried that the flat is going to be repossessed and I'll have to leave earlier or deal with more nonsense. I wish the mortgage company were more open about why they contacted me.

I doubt very much that the mortgage company would be able to re-possess the property before the end of May. If they intended to, they would still have to issue you with a s21 notice giving you two months' notice of their intention to repossess - they cannot just illegally evict you. If you refused to move out they would have to apply for a court order for possession - and that takes weeks. You would have less security of tenure if your LL has let the property out without the mortgage-lender's permission, but I am sure they will let you stay until you planned to move out anyway - it is only a matter of a few weeks. It's not worth the hassle for them to do otherwise.

Even if you rang and asked them, it is unlikely they would discuss it with you anyway. So don't worry. They may even just be checking the LL's story and not intend to repossess at all.

Good luck with your exams!

roryl
07-04-2010, 23:14 PM
That sounds reasonable, I know these things take forever to get in motion and it seems like (if they are going to repossess) they are only at the beginning of the process.

Thanks for the good luck.

matthew_henson
08-04-2010, 06:47 AM
If they intended to, they would still have to issue you with a s21 notice giving you two months' notice of their intention to repossess
Good luck with your exams!

Not nesecarily, if the LL does not have authority to let they only provide notice to the LL not T (so T may lawfully get no notice at all). Secondly they have an S8 on Ground 2 at their disposal. T will get notice of proceedings though in a "to the occupier" letter

However agreed not much is likley to happen in the next 6 weeks

mind the gap
08-04-2010, 07:11 AM
Not nesecarily, if the LL does not have authority to let they only provide notice to the LL not T (so T may lawfully get no notice at all). Secondly they have an S8 on Ground 2 at their disposal. T will get notice of proceedings though in a "to the occupier" letter




Yes. However, I did point out to OP that his security of tenure would be compromised if LL did not have permission to let. Please re-read #7.

matthew_henson
08-04-2010, 15:17 PM
Yes. However, I did point out to OP that his security of tenure would be compromised if LL did not have permission to let. Please re-read #7.

Agreed, just wanted to point out that S8 G2 was another option that can be used during the fixed term where an S21 can't. In this case the break clause was succesfully applied