Rental problems and your rights


Questioner

I rent a house and we found out that the owner is not allowed to rent the house by his mortgage provider. We found out by intercepting a letter from the housing fund in this letter it says that he has to submit an application to the notary to ask permission if he is allowed to rent the house by his mortgage provider. We have been renting the house for almost a year without permission from the mortgage provider. My question is what can I do about this? This is illegal rent? And I have been in conflict with the owner for a year about a number of things that are not in order.

Lawyer

The reason that the owner is not allowed to rent without the bank's permission is the fact that in the event of a foreclosure the house may not be delivered empty. In the event of a foreclosure the bank or the auction buyer will undoubtedly try to terminate the lease because it was concluded in violation of the mortgage deed. Incidentally, in all cases the position is that the tenant could have known this by consulting the land registry. In order to prevent you from being put on the spot in the event of a foreclosure, you can request the landlord to still request permission from the bank as stated in the letter that you have received. If he does not do so, or if the bank does not give permission, unfortunately there is nothing you can do about it, but you still have a number of other points of conflict, something may be possible with them. I advise you to contact a lawyer specialized in tenancy law and to present the full story to him.

Lawyer

You need to separate two things: your relationship with the landlord and the lease, between the two of you this is completely legally valid and enforceable. And, the relationship that your landlord has with his lender, but that is not your concern. If the bank forces the landlord to terminate the lease, the landlord is liable to you for damages because he is then in breach of contract. Incidentally, it will not quickly come to foreclosure, but the bank will set conditions for the mortgage interest and repayments because there is more risk and the bank will demand that the lease is converted to one based on the Vacancy Act and the landlord will possibly have to apply for a permit from the municipality.

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