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 lauren field

12:48 PM, 6th September 2013, About 8 years ago

Reply to the comment left by "Puzzler " at "06/09/2013 - 09:22":

Yes quite possibly. We don't know all the facts.

by lauren field

12:52 PM, 6th September 2013, About 8 years ago

Reply to the comment left by "J B" at "06/09/2013 - 09:42":

J B may i ask, what is that would make you happy, what is the outcome that you would like ?

Or put another way, How would you like this awful situation to be resolved in a way that suits you?

by lauren field

12:54 PM, 6th September 2013, About 8 years ago

Reply to the comment left by "Tilly Mint" at "04/09/2013 - 16:04":

Yes i agree and well put.

by A NON

10:51 AM, 4th November 2013, About 8 years ago

Hi, I am sure some of you may be interested in how my situation is going. Well going through a divorce at the moment. Step son still in house and my husband has accused me of harassing his son, this is absolute rubbish as I have not even spoken to him. My husband is no in rented accommodation and taking all the rental form our Buy to let although he is finally paying for both the mortgages.

Mortgage company are fed up with him because he has sent a new tenancy agreement which is his sons girlfriend and her brother. The mortgage company is TMW they have said that they wanted signature on new tenancy agreement from both of us, and no family connections. So my husband still breaching rules.

My solicitor seems to think that because there as a tenancy agreement, even though it is void that my stepson has a licence to be there. I do not no if this is a fact.

My husbands solicitor has told him that he will simply be able to take my name off the mortgage details, however he does not have full time work there is now bad credit on accounts, so I don't know if this is a fact either.

If anyone has any suggestions there would be gratefully received. Finally does anyone know if I were to prove to the mortgage company that it is not my doing would they ask that I become the landlord i.e. take my husbands out of the equation even though he is still joint owner?

I have to put up a fight here or I think I may loose my house as well. Thanks so much for your assistance.

by Mark Alexander

12:21 PM, 4th November 2013, About 8 years ago

Reply to the comment left by "J B" at "04/11/2013 - 10:51":

Divorce has been recommended previously, I think that based on your circumstances that's your best bet to clear up this situation.

by A NON

12:35 PM, 4th November 2013, About 8 years ago

Thanks, Mark. Yes I am going through with as divorce but was hoping that there might be some advice available. My Solicitor is very black and white and seems to think the B2L will have to be sold which has prompted husband to say his solicitor says he could take over property but I was of the opinion that since recession things had changed. I am self employed and run my own business which I purchased from my business partner 2 years ago, so although business is upwards trend it is not brilliant at moment because I purchased out of my own fund, which is another reason why I want to keep buy to let. IT is a tricky one, I know but landlords on this site may have had at least a smidgen of my situation which I am hoping for.

On a personal note things could be worse I had a car catch fire and explode 5 minutes after I exited, I broke my ankle falling off motorbike and divorce application all in one week, so still here and fighting on!!

by Mark Alexander

14:05 PM, 4th November 2013, About 8 years ago

Reply to the comment left by "J B" at "04/11/2013 - 12:35":

I have just written an article about divorce advice for landlords, please see the link below.

by A NON

19:24 PM, 30th December 2013, About 8 years ago

Hi, all on Property 118 and a happy new year to you. I have another question.

Mortgage company has suggested I get a section 8 to get tenants out of house. But the agreement was done by the other landlord . I have not seen agreement. Here is the problem although I am joint owner I cannot get info from Housing dept or mortgage company as to who are the new tenants are, so cannot get a section 8. I do not understand that joint owners do not have to sign documents relating to property. I have looked at FCA, CML, and Data protection, SAR freedom of information, but no luck on how I can get info. I have even contacted the financial ombudsman. The position I find myself in is quite desperate as there is a chance that BTL will be repossessed if I cannot get tenants in who pay legitimate rent.

by Neil Patterson

10:01 AM, 31st December 2013, About 8 years ago

Hi JB,

Who do you think is letting the property and to who at the moment?

by A NON

10:59 AM, 31st December 2013, About 8 years ago

Reply to the comment left by "Neil Patterson" at "31/12/2013 - 10:01":

Hi Neil

My step son is still there, but my husband has sent a new tenancy agreement to mortgage company, which takes his name off i.e. so it not family. However, the new one is (I think) my stepsons girlfriend and her brother. They are all still all living in the house.

The mortgage company have been able to tell me it does not comply with their no family rule, but cannot tell me whose name is on the agreement. The mortgage company have also informed me that they do not allow lets to housing benefits people
I think there is a real loophole in terms and conditions that allow BTL not to have dual signatures, although I do appreciate that if one owner signs he/she does it on behalf of any owners. Thanks for your assistance

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