Should missed mortgage payments be a criminal offence?

Should missed mortgage payments be a criminal offence?

13:11 PM, 6th September 2012, About 12 years ago 34

Text Size

The Banker is back, this time he’s trying to upset by hoisting us by our own petard – he’s asking the question “should missed mortgage payments be a criminal offence.”

Is his last anonymous correspondence with Property118 readers The Banker caught our attention with the title “The Property Boom of 2012” and then went on to tell us all why we are doomed. His message this time around is no more friendly either. However, I’ve published his ramblings yet again as some might feel there are some pertinent homes truths in his arrogant musings! We can also say pretty much whatever we like to an anonymous banker as he can’t possibly take legal action for defamation as he is anonymous LOL.

The Bankers says:-

“The naivety of some landlords astounds me, I read your comments for amusement, sometimes the comments posted on your Property118 website are so childish they ought to be published as a comic.

Why on earth should missed rent payment be a criminal offence?

Why should landlords be able to bypass the court systems to repossess somebody’s home just because they have missed a few rent payments?

These are YOUR readers desires – not mine!

I intend to demonstrate to you how pathetic your arguments and justification are by presenting the flip side of the argument.

For all you landlords borrowing money, stretching your finances too far and crying out for the rules to be changed just think about this ….

Who is taking the the lions share of the risk?

YES! It’s the bank isn’t it?

And yet you landlords get to keep any rental profits and you also get to keep 100% of the capital appreciation.

I’d say that’s unfair, and there’s enough there to convince me that providing mortgages to landlords is a terrible investment.

However, if you want your rules to be put in place, consider what mine would be.

  1. If you miss a months mortgage payment I warn you. fair enough, you may have changed banks or something, fair enough, catch up or else Imight want to charge you for further correspondence. I certainly think I deserve the right to do so.
  2. Miss a second months payment and I immediately want possession of the property and the right to instruct an LPA receiver to collect the rent without having to go through the Courts. I will then decide whether I sell the property to recover my losses and I think as I put up the lions share of the money I should be able to do this however I may choose, completely free of any interference from regulators or the Court system.
  3. If there is a shortfall I want a change in the law so that I can have you immediately arrested for breach of our agreement. Squatters now get a fine of up to £5,000 and 6 months in prison so I reckon that if that’s fair to them then it should be fair for me to prosecute you on the same basis.
If you don’t have the capital adeqecy to run your business that’s tough, you shouldn’t be in business. If you don’t pay your mortgages on time that should be a criminal offence.

That’s what landlords seem to be saying would be a fair set of rules for tenants to play by so I think banks should also be allowed to play by those rules.

touché

And for any of you who have missed two or more mortgage payments, “Go To Jail, DO NOT pass Go and DO NOT collect £200

The Banker”

PS – my proposed rules are for landlords only – not for homeowners

PPS – As I said in my last article, I’ll be there ready to buy your properties for 50% of what you think they are worth, just you wait and see HAHAHA

Share This Article


Comments

17:41 PM, 8th September 2012, About 12 years ago

@Recardo @Don @John - my point is not who takes risk, it is that landlords and tenants should be equally accountable for making payments on time.

THANK YOU mr. banker/ or trader/whatever you are.

The problem is it is only landlords that get the kicking. from councils, legislation, the banks and the tenants.

tenants do not get some council official telling them how to live but we do
tenants do not get legislation forcing them to fill in reams of paperwork, to account for every nut and bolt of their actions but we do.

landlords are accountable. tenants are not.

so ....what do you trade in....cabbages on the market....bullion in the UAE....or just insults to landlords ??!!

if you think you can better our lot...work with us. could be to your advantage.

CONSULT IS BETTER THAN INSULT

I have a small hotel/guest house in Loughborough, and when a guest breaks a thing ( whatever it is ) we can charge him for it and get the money straight away. but as a landlord trying to get compensation for any damage by a tenant is dogged with so many problems, I often just give up.

I would like to see the same with my let properties.

18:45 PM, 8th September 2012, About 12 years ago

Mr -anker, being a trader is even worse.
You are just a gambler who is good at gambling.
People like you have been bailed out by the taxpayer.
Gamblers who have lost have had their losses socialised by the taxpayer.
To me that is a one way bet, if you can never lose as someone will always bail you out.
Gambling under the guise of a bank is as Adair Turner stated 'socially useless'
Why should the taxpayer stand as the the last chance saloon for 'socially useless' activities'.
Clearly you may have read my circumstances; pray tell why do you pity my tenants.
At no time have ANY of my tenants had ANY complaints about the service I proivide.
In fact the opposite is the case.
This despite being ripped off extensively by wrongun tenants.
Do you have pity for wrongun tenants, if so you have a peculiar attitude.
I provide an excellent responsive service for which I require the contractually agreed rent to be paid when due.
I don't see anything here for qa tenant of mine to be pitied for.
surely I do and require what all or most LL require.
I think you have arrived at a fortunate position in life and therefore fail to appreciate how ideals cannot be achieved.
Everyone runs on tight margins.
If the PRS followed your suggested methodology the homeless would be in their millions.
It is a simple fact of life and I agree it is not ideal that PRS rental property isd deliverd on very tight margins.
That is how most small business operates in the UK.
Non-payment of rent can decimate a small LL; why should a tenant be legally allowed to remain in a property if they haven't paid the rent and consequently cause so much potential financial damage to the LL.
With regards to capital adequacy have you a rule of thumb amount you think would or should be required before a LL may purchase and rent a property out.
I appreciate you may not know exactly the rental market so perhaps a generalisation would still be useful as to the amount of capital adequacy.
I believe that your ideal requirements would be devastating to LL, tenants and the lenders.
Which is why I don't think your ideals will ever be introduced.
Capitalism is always on a knife edge; LL are no different from any other small business.
Lack of bank lending is causing further effect on what capital adequacy small businesses have presently.
Indeed such restricted lending is destroying business on a daily basis.
Even the big boys are suffering; Travelodge etc.
Your suggestions therefore whilst I agre are ideal; they are I am afraid away with the fairies!!

19:49 PM, 8th September 2012, About 12 years ago

1:10 cash to value ratio would be fine, Mark Alexander's 20% liquidity rule even better.

If landlords didn't own 4 million properties would there be 4 million less properties or would all properties be worth less?

Your small businesses analogy is a good one. Do they always get paid for the services they provide or do they sometimes not get paid and go bust? If a small business doesn't get paid for services they have the same recourse through the legal system as landlords to recover money. If businesses trade with people who can't afford to pay them then more fool them and as you say landlords are small businesses too.

20:53 PM, 8th September 2012, About 12 years ago

PS - I don't work for a bank, I didn't choose the pseudonym given to me by the forum owner, he did!

21:56 PM, 8th September 2012, About 12 years ago

Presumably the Banker would also like to bring back capital punnishment for felonious embezlement by a bankrupt.

I suggest the Banker reads Adams Smith's "The Wealth of Nations" as he does not seem to grasp the nature of capitalism. Financiers provide funding for interest, and entrepreneurs manage the business and keep any profits after the interest is paid. Therefore the great er risk is with the entrepreneur.

A bank is not a living thing in itself - it is a collection of shareholders with limited liabilitiy themselves. The worse that could happen for them is that the share holders have losses relating to part of their portfolio. However, the landlords risk losing all their posessions.

22:56 PM, 8th September 2012, About 12 years ago

thank you Kevyn.
so is he a trader of insults then ?.

rav singh

6:52 AM, 9th September 2012, About 12 years ago

Hello to all, as with mark and the Mr.Banker i can see the points they make and agree you can't say one without having the other ie criminal offence for 2 rent payments missed etc. Yet it wont happen so end of chat.
As the banker is a trader he will know as i do (i am not a trader but worked in banking and am now in property full time) that in his business it is very much a results business worked in a hierarchy of trading ie well know funds do not want to know traders who can not realise the required returns. Yet the culture of banking and other FTSE100 companies are of favour swopping at the very top level. For example kids at LSE, Oxford or Cambridge are swopped with daddys ceo friend for accelerated career path etc etc. So people in positions that directly influence the performance of these companies and our economy are in these positions not through proving themselves but through who they are.
I think it is this culture that needs to change to ensure we as a country and economy prosper to the levels to which our politicians reguarly speak of us getting to. Enjoy your weekend people, remember tommorrow is never promised to anyone but no matter what it can always be worse.

7:56 AM, 9th September 2012, About 12 years ago

No other business allow use of it's services for free until evicted.
This is the point cosmo makes and I agree.
Can you name a business which allows legally an occupier to remain until the useless court system wends it's weary way to getting rid of that occupier to be replaced with a tenant who would pay for the service.
I fully accept that if a LL did not have a tenant and went bust then yes that is fair enough.
But when a LL has more than enough tenant applicants to pay for his service, but can't let his property due to a non-rent paying tenant legally occupying the property until evicted, that is not a very sound business model.
We as LL have presently to tolerate this unacceptable state of afffairs.
As for property prices, do you think that the banks would lend without large deposits.
So it matters not what HP are tenants could still not afford them.
Now if we returned to 95% LTV then that might be achievable.
Banks will NOT be returning to that criteria in the very near future.
Also IO only has effectively been banned so no chance of buying a more expensive property.
You just have to realise that there is no more money, which is why there will be a continuing demand for rental property.
All we as LL want is a level playing field with normal small business.
This we do not have and it is compromising LL to an enormous extent.
The govt could solve the problem by a statutory instrument that meant 2 months of non-rent payment you become a squatter and can be removed by the police.
It could be so simple but govt is so far up it's -rse it hasn't got the imagination to introduce a measure such as this which would to a large extent protect LL from wrongun non-rent paying tenants.
We only ask to be paid for the service we provide and for the non-rent payer to be removed in timely fashion if they fail to pay.
How can that be wrong!?
The capital adequacy ideals you state are fair enough.
The economic reality is that very few small businesses have such resources.
That is why they are still small businesses!
To state that you cannot be a LL unless you have enough CA is madness.
There would not be enough rental property for tenants.
We would have a homeless problem like nothing you have ever imagined.
This is why I stated you wish for a Utopian outcome, it is simply not possible and will not be for as long as you and I live!!

Puzzler

12:05 PM, 9th September 2012, About 12 years ago

Yes we get to keep 100% of appreciation...we also got to keep 100% of the fall in value in 1989 and 2009 and the bank got to keep 100% of the debt thus not losing out at all.

19:32 PM, 9th September 2012, About 12 years ago

all of what you have stated here is not quite accurate.
when a bank goes after a bad creditor the courts will side with the bank.
when a landlord goes after a bad tenant, the courts, police, CAB, LHA, will all side with the tenant.

in short landlords have all the responsibility and no rights, but tenants have all the rights and no responsibility.

all I'm after is a level playing field. I call it equality.

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now