Help me if you can I’m feeling down

Help me if you can I’m feeling down

9:49 AM, 27th August 2013, About 8 years ago 43

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When I married in 2009 I remortaged my house onto a buy to let to raise a deposit to buy our marital home. The marital home was then completely financed by me, and we are tenants in common. Help me if you can I'm feeling down

My husband had a small house that he had mortgaged to 70% and a housing association owned rest. He had poor credit and was unable to remortgage for buy to let. I had good credit so we decided that rather than he pay for his share of our home we would purchase the entire property and remortgage that onto a buy to let as well to finance our home.

The buy to let is with Nationwide. The letting of the house carried on OK. My husband was out of work and therefore any debts were paid by me. My husband suffers from mental health issues and is prone to irrational decisions.

Recently we had decided to sell up and move to France, this was at the time that our buy to let needed new tenants. On vacating the tenants my husband informed me that he was moving his son, girlfriend and her child into our buy to let. He did this without me seeing the rental agreement or me signing the agreement. He also moved into the house, which I hoped would be temporary until he came to his senses.

His sons girlfriend had been prosecuted by DWP for benefit fraud and they have all accused me of “dobbing them in” and spread this rumour to all the family and friends. My step son is also on benefits, so I know there had to be a tenancy agreement taken to council. The rent is £1,300 monthly and some was paid after a month, and they now have another tenant in there who is yet to contribute rent. My husband has not contributed rent either.

Apart from my husband, they take drugs, work while on benefits and are not bothered about the fact that the house was in arrears with mortgage company which I personally paid off.

Although I have begged my husband to come home and see a doctor, he has not got the courage to tell them to pay up or to tell them to stop taking drugs. The police have been around already because there is a child in house but found nothing. I understand from the previous tenant that neighbours are not happy.

So there is benefit fraud, drugs overcrowding and mental illness in house and I don’t know if my name is on the landlord agreement either. Despite being the lead mortgagee on the property and I am getting no say.

The mortgage we have is for business and I have been informed by the mortgage company that the tenancy is not allowed as family, including my husband, cannot live in the house. Therefore the tenants will have to leave or we need to buy another mortgage. I presume that the mortgage company will find out through council tax records who is living there and inform the benefits department they know tenants are on benefit?

I am worried that the council will not pay an illegal tenancy, so will want their money back and the tenants will stop paying because the money they earn is for drugs.

To top it all I have paid for the house not to be repossessed out of my pocket. Some rent has recently been paid but my husband has taken it all. He will not help pay for any of the housing costs in our home. He does not know yet that the tenancy is illegal and will blame me when it all comes out. He is working but on contract and does not let the tax man know. He is prone to voilence and I am loosing an income here. I cannot afford to pay the mortgage on this house, and the bills whilst they sit in the house defamming me and text me lies.

I have been to the police who are don’t seem to be the slightest bit interested in what’s going on. I have also spoken to my GP and he has advised me not to let my husband in our home as she thinks I’m at risk. I do not want to get my husband into trouble, I just need him to come to his senses. However, he is surrounded by peopel who tell him I was brainwashing him.

What can I do?

I have no money to pay for a solicitor.

In hope on suggestions.



by A NON

20:13 PM, 27th August 2013, About 8 years ago

Reply to the comment left by "Vanessa Warwick" at "27/08/2013 - 18:47":

Thnak you for reply, Your friend situation sounds dreadful. I suspect that my situation is bad but could be sorted, I may well go to the PT web site,because I am still looking for as much legal implication/input before I start having to pay solicitors. pLease read my other replies. Many thanks

by Mark Alexander

20:14 PM, 27th August 2013, About 8 years ago

Reply to the comment left by "J B" at "27/08/2013 - 20:05":

What makes you think a tenancy exists?

Who is paying the mortgage, you or him?

Perhaps they are just happy to live there indefinitely, rent free, at your expense?

What do you think you need to do? Your response to Vanessa seems to imply that you think your situation might be possible to resolve. How do you envisage that happening?

by A NON

20:19 PM, 27th August 2013, About 8 years ago

Reply to the comment left by "Anon Ymmouse" at "27/08/2013 - 18:19":

THnk you for your reply. Safty is very important and I have taken measures.I am significantly up to date with some aspects of mental illness. It is a very varied condition that saying someone is dperessed does not mean they just having a bad day. When I met him, the house we now rent was his house and he was in significant mental trauma, yet he finds himself back there out od chioce, to a place that he would say was never to return to. I wish we had sold it in the first place. Thanks

by A NON

20:26 PM, 27th August 2013, About 8 years ago

Reply to the comment left by "Neil Patterson" at "27/08/2013 - 10:08":

Thank you for your reply, and very astute comments. It is very sad that this is happening. But I have to say that the reason I am concerned and trying to help my husband is because I am married to him, much as I understand what you anot be his carr any more, because it would nto be possible to venture back to that house .Please read my other comments many thanks again

by Sharon

20:51 PM, 27th August 2013, About 8 years ago

Reply to the comment left by "J B" at "27/08/2013 - 20:05":

Hello JB. Like everyone else I'm so sorry to hear about your situation.

I work for DWP but am not permitted to comment publicly, however if you would like to contact me by e mail on this aspect I'll see if there is anything I can help with. My e mail address is on my profile.

by A NON

21:52 PM, 27th August 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "27/08/2013 - 20:14":

There is a tenancy agreement, has to be as it is HB. Apparently the council acepted the agreement without my name, however, I dont know that as I have not seen the agreement. There should have been a copy sent here, as that would be standard practice ,but I havn't seen one.
Originally the mortgage was paid out of our joint account. When he left he didnt pay anything and it went into arrears, I stopped litigation becuase I set up a payment plan. Then last week my husband announced that he would pay the arrears because his son (the tenant) was paying the rent into his account. This again would be contrarty to the original tenancy, because it is a joint ownership and therefore should not be taken away from either landlord. What I have found out so far is.
There is a section 8 that can have tenants removed, there are various groups in that on that which I could go to court over.
There is also section 8 of the misuse of drugs act. Which could see landlords who permit drugs in their procescuted for drugs in rented accommodation.

by Jay James

22:11 PM, 27th August 2013, About 8 years ago

Landlords prosecuted for their tenants misusing drugs?

how so?

by Mark Alexander

22:33 PM, 27th August 2013, About 8 years ago

@JB how do you know wether or not housing benefit is being paid?

Have you told us the full story here? Something does not seem quite right with your story so far.

by A NON

23:02 PM, 27th August 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "27/08/2013 - 22:33":

After his son went into house, in june he paid nothing for a month housing benefit of £850 was paid to tenant a month after he moved in who then put itin joint account,in july by that time there was over draft in account, and it did not cover arrears on the mortgage, so that was when mortgage company told me it had gone to prearrears. I waited for this months rent to come in just last week and when nothing came up in account i asked my husband what had happened and he said the rent was now going into his personal account, he has paid of the arrears but fails to see that the rent should be going to our joint account to cover bills and mortgage on our marital home, and the fact that I had paid mortgage company several amounts to stave off the arrears teamhad come out of my persona account. There is also another tenant in house who should be paying the remainder of the tenancy agreed amount to bring total to £1300 i.e.£450 I havnt seen any of that at all.

by Anon

7:20 AM, 28th August 2013, About 8 years ago

Perhaps the question to ask is why didn't your husband want to move to France? Could it be that he didn't want to leave his son behind?

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