Should the landlord pay mortgage with rent collected

July 3rd, 2018 by LegalWiz | Print Should the landlord pay mortgage with rent collected



QUESTION: Dear Legal Wiz,

Good day
I have read your website a lot in the few days and see that you have assist others in dispute when it comes to Landlords and Tenants. I wish to ask you question.
Is it fair to received a notice from your landlord even if this landlord is paying mortgage to particular institution with the money from the tenants? Bare in mind that he has dependents, not earning a stable income and is redundant for a couple of years. Although, he isn’t register with The Rent Assessment Board. The other tenants didn’t take the notice seriously but i did. I’m just wondering who is the right side of the law? Us, the tenants that lives here or the landlord. I will be grateful for any advise given. Thank you in advance.
Mickael

RESPONSE: Dear Mickael
The question you should ask yourself is – how did you come to be there? If your answer is you rented the place from the person whom you call the landlord, then what he does with his money is his business.
The scenario you present can only be checked with the relevant institution he’s paying mortgage to. Whereas you can query whether a person paying mortgage to that institution is allowed to rent out said property. This of course is a prying into the landlord’s affair, which you may discover he took necessary steps to do so with permission from them.

Think about it

However, wont this put you in a bad light. Seems your only motivation is that you were served a notice to leave.
Think about it.
Your best bet is to obey the notice before court action is taken against you.
Perhaps you should save some money and visit the Legal Aid clinic for assistance if you have found nowhere to move at the expiration of the notice.
Legal Wiz

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DISCLAIMER:
The above does not constitute or replace professional legal advice.
The responses to the varied submitted questions are drafted by our inhouse journalist, after research and consultations with attornies-at-law and other relating experts in their fields. It is not to be assumed therefore that all members of the Legal Wiz team are trained and practicing attornies-at-law, realtors, investigators, but being a part of the network such personnel utilise their skills for the success of all.
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