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.

Anonymous



Comments

by Neil Patterson

11:48 AM, 31st December 2013, About 8 years ago

Reply to the comment left by "J B" at "31/12/2013 - 10:59":

Dear JB,

I may have misunderstood the situation, but the mortgage company do not let the property out so who lives in it is not their responsibility other than the fact that family members are not allowed under their terms and conditions.

I know it must be very difficult, but I can't see that any rules are being broken by anyone other than your husband. However difficult you need to agree with your husband what to do with the property.

I really wish you all the best and keep my fingers crossed for you that there is a resolution soon.

by A NON

12:03 PM, 31st December 2013, About 8 years ago

Reply to the comment left by "Neil Patterson" at "31/12/2013 - 11:48":

Hi, yes I agree the mortgage company does not rent to tenants , but they do lay down rules, which you rightly say are being broken. The mortgage company has suggested I get tenants out with A SECTION 8 .however, my belief is that if there was a rule that says all owners had to sign tenancy agreements or have a letter giving permission from co-owners saying they act on their permission, I would not be in this situation. My situation could come up with anyone, there is nothing I can find anywhere that says all to sign when renting. My highlighting this may help anyone else (be they married or just business partners in BTLs) As I said before I have looked up so many places and I feel that there should be something in BTL purchases agreements with mortgages companies that make all landlords sign documentation.

by Neil Patterson

14:01 PM, 31st December 2013, About 8 years ago

Dear JB,

Unfortunately in life and business there will always be a small number of people who break contracts, rules and the law. Adding more won't always help.

The only thing you can really do is try to disassociate yourself from those people.

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