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Eviction due to Landlord Mortgage arrears.

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359 views 1 replies latest reply: 17 January 2017
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Tenant

In a nutshell came home on 6th Jan to a letter saying Landlord’s mortgage lender has applied for a repossession order as he’s not been paying the mortgage.

Court hearing is on 6th Feb. 

Our tenancy is not protected as we believe he didn’t tell the lenders he was renting the property.

The only advice CAB can give us is that we must follow the terms of our tenancy agreement meaning we are obliged to give notice to leave (which we have done to the managing agent and been served with a Section 21 notice in return) and that we must continue paying rent to the managing agent until departure.

We have no idea what happens from here and no one seems to be able to tell us either.

We intend to attend the court hearing as ‘interested parties’ but from there we are clueless.

Can anyone offer any help. Or advice on how to proceed?

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Tenant

Hello, 

It all depends on whether your landlord DID or DIDN’T have a right to let the property. I suggest you contact them immediately and drill down to the truth. If you landlord did have a right to let the property, then your tenancy is binding and in an event that the property gets repossessed, your tenancy will remain active and the mortgage lender will be your new landlord until the tenancy expires. 

If your landlord did not have a right to rent out the property, you will most likely get evicted. The eviction will take place soon after the mortgage lender acquires possession from the courts. There is no s21 notice being served in this procedure and you will likely have 2-4 weeks from the time the lender gets the possession order, to the bailiffs coming around to remove you. 

You will get a notification, of course, when this will happen. You can ask the courts to extend the eviction for up to two months to find a new place to rent, but it will inevitably happen, unless the lender agrees to become your landlord (and or sell the property to a new landlord). 

My advice is to start looking for properties AND contact your landlord in the meantime to get more details about the lender and the mortgage type. 

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