Mary Latham questions landlords rights to reposess

Hi Mary /Mark / others, I'm interested to know what is the correct legal term to use when we talk about people who have deliberately chosen to overstay their section 21 date and are waiting for court orders? Are they trespassers?

Here's another thought for you Ben. An AST can be for up to 5 years, to demonstrate my commitment to a very good tenant I might be persuaded to offer one. I'd only be likely to want/need to evict under the grounds of section 8 anyhow. However, my mortgage lender will not allow me to offer anything other than 6 and 12 month AST's.

No they remain tenants until they have complied with a possession order or have been evicted by a bailiff or have surrendered the tenancy.
They remain non-rent paying tenats untill all of the above has happened.
I cannot think of any other service provided in the UK under contract where the business owner; namely the LL is legally obliged to provide the service whether or not it is being paid for and whether or not the facility is being trashed or stolen from until any of the above has occurred.
The law and justice being clearly 2 different things here!!!

That would put you in breach of your mortgage terms, just as offering an assured tenancy or an AST for longer than 12 months.

Yes I see what you are saying.
It really does seem as you have suggested that it is the lender that effectively controls tenancy terms.
Most tenants or organisations like Shelter don't seem to understand this simple situation.
Perhaps some sort of CML influence could be brought to bear on lenders.
It clearly make financial sense for long term stability for all parties.
I don't think lenders are looking at the big picture and seem to be obsessed about the ability to reposess a property rather than tenancy continuity along with commensurate rental payments being made.

Yeah Mark put me in touch with Aki and we are meeting up for dinner in a week or so to discuss things. Only spoken on the phone to him so far but he sounds like his head and heart are in the same place. I love connecting up with people who want to make things happen and who see their entrepeneurial enterprises as part of a wider sense of community. I feel I am part of that but at the moment I'm hampered by working for a local authority for whom 'Inspiration' simply means to breathe in!!!!!!!

Tessa Shepperson and I have started Easy Law Training Ltd, I've just completed 2 books for landlrods and tenants, published shortly I am writing for the Guardian now and filming a documentary for the BBC and if any of those things take off, I'll slap my notice in faster than an agent with a renewal fee and then write about where people's council tax is really going haha

I was in Brum at Xmas with Frazzles, fantastic xmas market, and I was looking in estate agent's windows with my jaw on the floor at the prices. We could have a decent life living there and Brum is a cool city. Being a foodie obsessive you can imagine I luuuuurve the Bull ring market. Plus....important to a London lad, there is a big multi cultural community there. I spent some years living in Taunton and, no offence to anyone there, I just found it too white. If you grew up in London you got used to the whole world, plus Frazzles is black and I think she would feel totally at home in Brum, which is why Paul I have to turn down your offer of Bishops Stortford. I'm sure its very nice but where would I get me jerk pork or Kaffir lime leaves?
Unfortunately Frazzles mum is elderly and disabled and not sure how she would handle a move, althoguh Frazz, being a self employed travel agent could work from anywhere and once I break free from the council I could too. You know maybe it could work. Watch this space.

I think there is a much darker truth which nobody wants to admit. I don't think lenders actually want to lend to landlords at all any more and are only doing so because so few others can meet their lending criteria and required profit margins.

Youre right Paul, I dont think Shelter do get that side of it. I long ago realised that the lack of security on ASTs for tenants isnt down to to landlords who evidently want no voids and consistent income. It simply doesnt make good business sense to do otherwise.

Mortgage lenders protect their investment, not yours and the tenant is nowhere in the equation. The difference I think is that for the lenders it is just a financial deal, for the tenants it is a home and for the landlord it is somewhere in the middle.

I've really been in housing too long to hold black and white views of everything. What I would like to see is a proper balance between landlords and tenants. The only thing that seems to unite the 2 is their dislike of letting agents. If we could get more tenants and tenants groups to recognise that the stranglehold that lenders have through lending covenants are as much a driver for home insecurity as the AST we might just get a united front with some influence.

Of course, as is the case with landlords you cant just do it from a perspective that all banks are bad, you have to recognise that they are fronting up investment and taking their own risk too. There wouldnt be a rental industry without them so we have to take their interests into account as well. Its a tricky balance and I dont pretend to have the answer for a minute, I think I only know what questions to ask

AND we've got a pie and mash shop with green "licka" to remind you of home.
Yep dear ol Brum has 40 shades of every colour
You will get on well with Aki he really knows the LHA market, respects his tenants and looks after this landlords. DSSmove is a brilliant idea and I hope it takes off in a big way.
Why am I trying to get you up hear, we would start talking and not stop for a year!

Remember you are talking to a foodie Mary. I may be London but I aint a Pearly King. Pie and mash??????? disgusting crap.

When I was in the Bull ring back in December I had some oysters at the shellfish stall and was thoroughly entertained by a Jamaican guy singing and tap dancing for no other reason than to make people smile. My kinda market.

I think Aki has a winning idea, if I can help him persuade councils to work with him I'm sure it will take off