Eviction due to Landlord Mortgage arrears. | The Tenants' Voice
Cookies must be enabled for this site to function properly

Topics / Eviction and notice 

start a new discussion

Eviction due to Landlord Mortgage arrears.

0 helpful votes
This is the number of people who have indicated that they have found this discussion useful.
434 views 1 replies latest reply: 17 January 2017

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?

Get up to £120 in discounts !

Save 10% on 25+ services for your home and garden when you book with Fantastic Services !

Book now and use promo code FTTV10* to receive 10% OFF the price of 25+ services for your home and garden !

Get 10% OFF the price of your service with our promocode:

  • 10% OFF End of tenancy cleaning
  • 10% OFF Removals
  • 10% OFF Handyman services
  • 10% OFF Garden Maintenance
  • 10% OFF Carpet cleaning
  • 10% OFF 25+ more services for your home and garden

*Use code: FTTV10 to get 10% OFF all services (Excluding Locksmith Services).

Minimum charges and T&C apply! Can not be combined with other offers and discounts. No expiry date.



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. 

Showing 1 - 1 of 1 Comments
start a new discussion

Post a reply