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eviction

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760 views 2 replies latest reply: 12 September 2014
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Tenant

Hi i don’t know wot to do the house we living in got sold from underneath us in December shes taking me to cout tomorow for reposition of the house do i have to attend court i don’t know wot to do ive got 9 childern 3 of them are disabled im stressing over it all

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Administrator

Thanks for posting in our forum. I’m very sorry to hear your news; you must be feeling very stressed and anxious.

It sounds as though your landlord’s property was repossessed by the mortgage lender as a result of not being able to keep up the mortgage payments. Is the court hearing a repossession, or because you have not vacated the property after being given notice to do so?

Sadly, tenants living in repossessed properties have very few rights. If a lender is given possession of a property by the courts then most tenants have no automatic right to stay beyond the end of their fixed term.

If you are in the ‘fixed term’ of the agreement, then you are entitled to continue to live in the property until the end of the fixed term regardless of who the landlord is (usually 6 or 12 months). The new owner/landlord cannot ask you to sign a new tenancy agreement during this fixed term.

However, if you are on a periodic tenancy, your new landlord may give you two months’ notice to move out of the property. Unfortunately the landlord is well within their rights to this, even if you have been a model tenant.

If your tenancy agreement started before 1989 then you are a sitting tenant (or protected tenant) and your rights remain in place even a new landlord takes over the managing responsibility.

It is possible to request more time from the lender depending on your situation, but I am unable to give further information without more details.

You may find the following website helpful: https://www.gov.uk/government/publications/mortgage-repossessions-protection-of-tenants-etc-act-2010-guidance

I wish you and your family all the very best. Let me know if TTV can be of any further help, or contact an advisor at Shelter on https://www.shelter.org.uk/ 0808 800 4444.

Disclaimer: This information is derived from personal experience and should not be relied upon as a definitive or accurate interpretation of the law.

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Other

please if anyone can help me,
my friend and his girlfriend have been renting a house for over six years. he has rented it under a verbal agreement (with no written contract) from his girlfriends sister who is the landlord. he has paid the rent every month, and on time, never being late on payment. they are excellent tenants, keeping the place clean and they have never caused any trouble for her. As far as i know he has paid her rent every month by direct debit into her account.
yesterday he got a letter (an ordinary word document letter written by her, no court order or solicitor letter) saying they have two months to find somewhere else to live. Because her/ (the landlords) boyfriend, not her, thinks she would be better selling the house rather than keep tenants. They have three children under the age of eighteen and one who is six.
I just don’t feel that this is at all right, or legal and especially with young children involved . I need to know if this is in fact legal and who they need to speak to next to sort this out.
thank you.
Jo

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