Tenants rights in case of landlord mortgage default | ExpatWoman.com
 

Tenants rights in case of landlord mortgage default

0
Posts
EW NEWBIE
Latest post on 14 May 2011 - 16:35

Hi

We're due to renew our tenancy agreement in July, we'd like to stay in our property so contacted our landlord to let him know we want to renew. He asked that we increase the price to reflect the increases in the market (I actually think we got a good deal last year).

Today he came to see us and gave us the strong impression he has financial difficulties.

Does anyone know what our position would be in the event that he defaulted on his mortgages? We don't want to pay for a full year's rent only to have to move and lose the rent because our landlord is struggling.

All advice appreciated

Liz

21
Posts
EW NEWBIE
Latest post on 15 May 2011 - 01:58
Lizblyth, I believe if this your first year in the property, the landlord cannot increase the rent.
654
Posts
EW GURU
Latest post on 14 May 2011 - 17:53
Unless you got an absolutely fantastic bargain in a premier building or development, I can't see how your rent should go up, if anything it should be slightly lower or the same. If the landlord wants to raise your rent, he's capped at 5% and he must give you three months notice. If the three month notice period has passed he can't raise the rent. As for defaults, there have been other posters on here who had landlords that defaulted but the bank honored the rest of the contract period. My issue would be, especially if you're in an apartment, what happens if the maintenance fees aren't being paid. Will you be prevented from using the common facilities and even the garage, until the bank sorts out the matter, if it ever does? In general, the bank will try to sell the property as soon as it can. Honestly, if I thought there was a real chance that the landlord would default, I'd move out. I just wouldn't want to deal with all the uncertainties that would come with a missing landlord. Just do not feel guilty or sorry for your landlord's predicament. It has nothing to do with you so don't feel pressurised into paying more rent. Hi We're due to renew our tenancy agreement in July, we'd like to stay in our property so contacted our landlord to let him know we want to renew. He asked that we increase the price to reflect the increases in the market (I actually think we got a good deal last year). Today he came to see us and gave us the strong impression he has financial difficulties. Does anyone know what our position would be in the event that he defaulted on his mortgages? We don't want to pay for a full year's rent only to have to move and lose the rent because our landlord is struggling. All advice appreciated Liz
 
 

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