Landlord wants us to sign tenancy agreement for more than we pay?

by Readers Question

9:55 AM, 15th January 2018
About 11 months ago

Landlord wants us to sign tenancy agreement for more than we pay?

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Landlord wants us to sign tenancy agreement for more than we pay?

Our Landlord has just remortgaged and said he needs to prove he is getting a higher rent than we actually pay.

He wants us to go to agent and sign a new agreement for a higher rental amount, but says we can continue to pay existing (lower) rent. He says it is a Buy to Let mortgage, but told the bank he is living there.

If we don’t agree, he says he will have to evict as he needs the money from the re-mortgage to pay off debts. The property is not in good condition, we have had to do all repairs ourselves and henever replies to emails or messages.

Any ideas?

Adrian



Comments

Neil Patterson

10:00 AM, 15th January 2018
About 11 months ago

Hi Adrian,

I would not sign a new tenancy agreement for any amount other than the one I was happy to pay.

If the bank calls in LPA receivers they will hold you to the contracted rental payment.

Paul Kaye

11:55 AM, 15th January 2018
About 11 months ago

Never be involved with any fraud ! which this clearly is.
You need to accept a rent increase or look for another property asap.
A landlord can,t have a BTL mortgage on a home he lives in ! again this is fraud.

Annie Landlord

12:54 PM, 15th January 2018
About 11 months ago

Agree with Paul. Banks do not allow landlords to live in a property they have a BTL mortgage on, so you are being given incorrect information somewhere. Signing an agreement you know to be false would be very risky. The landlord is likely to serve a S21 so you should be ready to move. He has to give you 2 months notice and serve the notice in the correct manner.

Adrian Atkins

13:30 PM, 15th January 2018
About 11 months ago

Update, emailed landlord and agent (introduction only) that we could not sign and why. Landlord went to the agents, and took away the new (unsigned) tenancy agreement saying he would deal with it. He told us he would evict us, but just now made appointment to come and see us next week. Meantime the agent has emailed that they can no longer act, as they consider it to be mortgage fraud. So now not sure where we stand, unsettling as have two children under 3. Have done a lot of repairs (kitchen door hinges, plastic drawer runners loose/broken, cooker hood switch broken, bathroom and window locks broken, fence and garden shed loose boards etc.) now utility room roof leaking, run humidifier all the time to reduce mold. Electrician came to repair light but would not touch it, no earth, rubber wiring, porcelain fuses etc). But that is probably why rent is lower than similar properties. Ex-council house.

Rob Crawford

14:03 PM, 15th January 2018
About 11 months ago

Well you never know, the agent could have made a mistake in what the landlord has instructed them to do. I would suggest you listen to the landlord direct - maybe over coffee in a coffee bar rather than your place. Maybe with an informed friend. Of course if he is not happy with the outcome of the meeting he can serve you with a section 21 (two months notice but go to Citizens Advise so that you understand your rights). If a section 21 is served I suggest you also contact the local councils Private Rented Sector Housing team. You sound like good tenants so start looking around.

Martin Crossley

15:13 PM, 15th January 2018
About 11 months ago

If I were you I would get in touch with the Councils Private Rented Sector Housing Standards team now. Ask for an inspection. I do not think this is going to end up with you staying long term in the property. You seem to have a landlord willing to side step the law and that will only end badly. The sooner the Council are aware of the situation the more they can do to help you.

Luke P

16:14 PM, 15th January 2018
About 11 months ago

What the LL was trying to do was fraudulent, but I would now expect to be evicted (realistically expect, that is...not morally).

If you want solid, long-term security then you need to buy. If you can't afford to, then you need to move to an area where you can.

Sian Wyatt

16:37 PM, 15th January 2018
About 11 months ago

If the landlord is renting a house with unsafe electrics you need to inform the council EHO. Yes the landlord will probably give you notice, but he may then relet to someone more desperate without fixing the dangerous electrics. If this is the case he is the sort of landlord who gives us all a bad name.

H B

19:59 PM, 15th January 2018
About 11 months ago

You might want to remind the landlord that he blackmailed you with eviction unless you participated in a fraud. Lying on a mortgage form is a criminal act, but blackmail is more serious.
To prove blackmail it must be shown the defendant did the following things:
- made a demand;
- with menaces;
- that the demand was unwarranted; and
- that the defendant has a view to make a gain for himself or another or have intent to cause a loss to another.
You might then suggest to the landlord that he drops his eviction and perhaps drops the rent too!

And tell him to get the electrics fixed.

Corinne Crum

6:04 AM, 16th January 2018
About 11 months ago

This is fraud. Please stay away from this. If you cannot deal with this matter on your own, then you can contact a lawyer from http://36avocats.com/annuaire/bechara-tarabay who will bring you out of this mess. Please do not sign any such agreement as this will bring you into more trouble.


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