Tenant not paying rent because I don’t have consent to let

Tenant not paying rent because I don’t have consent to let

16:31 PM, 23rd April 2015, About 9 years ago 73

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I am and a landlord and currently completing eviction orders on a tenant who has not paid his rent in 3 months. A section 21 and section8 have been issued.

The tenants defense for non payment is the following:
I do not have consent to let my property (which I am currently working on with my mortgage company so they are aware) my mortgage payments are up to date.

His other defense is that I do not have the correct insurance for the property again which I have now covered. This point should only be my problem not his.

Does he have any case for non payment of rent because of the above matters?

Thanks
Patrick def


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Comments

Kulasmiley

19:42 PM, 15th May 2015, About 9 years ago

I think you need to go to the police based on tenant blackmailing you. Take the bloody gloves off, seriously.

Fed Up Landlord

19:56 PM, 15th May 2015, About 9 years ago

AA read previous post. From an Ex Senior Investigating Officer (SIO) blackmail ain't going anywhere.

Simon Topple

12:59 PM, 16th May 2015, About 9 years ago

I would write to the tenant, give them a Section 21 notice and a formal demand for the rent in full.

Tell the tenant that you are referring the PI issue to your insurers and have sent your file over to the police via your solicitor with regards to the blackmail issue with the information that this will also be forwarded onto on the solicitors he is using. I doubt they would want to be involved with a personal injury case where there client has already been involved in blackmail. Even though this will - as mentioned above most likely not get any result from the police - it will most likely make the tenant think twice.

Follow the formal claim for rent up within 14 days with a letter before action then start a money claim online case against him.

Kulasmiley

14:24 PM, 16th May 2015, About 9 years ago

Simon is right. Two-years ago a well known London firm of solicitors who demanded 5k of costs from me Dropped their client after I counter claimed in court and I showed in my Counterclaim a proof of fraud, plus I forwarded all thils on to the London solicitors. Sometimes you have to play hardball for the truth will always come out.

13:11 PM, 29th May 2015, About 9 years ago

Hi - This seems to be a way of using excuses and a smoke screen to put you off pursuing your tenamnt - happy to help if you need

Jay

13:56 PM, 24th December 2018, About 5 years ago

Reply to the comment left by Industry Observer at 25/04/2015 - 18:03
From my limited reading on various laws an AST isn't lawful if you have not obtained consent to let from your mortgage provider but it is a very grey area if you failed to obtain consent to let from your lease provider.

My Landlord obtained a mortgage in order to purchase an apartment with a 250 year lease and then he rented this apartment out to me - I have a case on several of his breaches and for compensation (example one of many - failure to issued prescribed information to all parties concerned).

I believe that because he failed to obtain consent from the lease provider his AST is then unlawful as he failed to follow steps laid down in various laws i have read including;

Landlord and Tenant Act 1988
Landlord and Tenant Act 1927
Landlord and Tenant (Covenants) Act 1995
Landlord and Tenant Act 1954

Can anyone truly state that his AST is lawful if he failed to comply with the law whereby he would need consent to let from his lease provider.

H B

10:43 AM, 26th December 2018, About 5 years ago

Reply to the comment left by Jay at 24/12/2018 - 13:56
Could you be a bit more specific in the laws the clauses that would make an AST invalid in this circumstance?
We should take a presumption that one would be valid, but if you have identified evidence to the contrary, it would be good to see it.

Michael Barnes

14:07 PM, 28th December 2018, About 5 years ago

Reply to the comment left by Jay at 24/12/2018 - 13:56
I believe that it would be lawful between the LL and T, but may be unlawful in the relationship with the mortgage provider.

Jay

14:28 PM, 28th December 2018, About 5 years ago

Reply to the comment left by H B at 26/12/2018 - 10:43
Consent to let from the mortgage provider has been thrashed so shall we forget about that particular consent.

Assistance I require from members of this site if AST is valid if my Landlord failed to follow protocols for assigning, underletting, charging etc if he failed to obtain consent to let from the lease provider.

Seething Landlord

1:13 AM, 29th December 2018, About 5 years ago

Reply to the comment left by Jay at 28/12/2018 - 14:28
What exactly are you trying to achieve? If you do not have a valid tenancy on what basis are you occupying the property?

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