privant tenant and repossession

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Can anyway provide any advice please?

I have recently found out (not via my landlord) that he has not been paying his mortgage on the property that I am renting from him and have done so for the last 4 years. Im supposed to get 3 months notice to quit the property based on my tenancy agreement. Could the court evict me sooner, even with the care of a child? From the correspondence I have seen the Bank/B.S. does not know that the property is being let.

Help ?? Thanks in advance for any info.

-- jackie andrews (unileijad@hotmail.com), May 19, 2003

Answers

I'm afraid the answer is that, yes, the Courts CAN evict you despite your tenancy agreement.

However, they must get an eviction order from the judge before they are allowed to do this, and you must get notice of the hearing beforehand. Notices are sent to both the landlord and to the property itself, addressed to The Occupier, in order to cater for this situation.

I would suggest that your best bet (and I appreciate this isn't easy) is to leave as soon as possible. If you cannot leave before the possession hearing takes place, I would attend and ask that the judge give more time. If you explain the situation I would think the judge would be happy to grant you more time.

Your first trip should probably be to your local CAB who will be able to offer advice as well...

Hope this all helps.

-- Chris (chrsh@email.com), May 19, 2003.


Jackie,

Take a look at this web page from Compactlaw entitled "Tenants of Mortgaged Homes" The situation is quite well explained there. It's possible you could sue for compensation according to their info. I would also contact your local council housing department and/or local advice unit.

The Compactlaw address is: http://www.compactlaw.co.uk/privhf14.html

Hope this helps, Good Luck.

Mark.

-- M Amos (idgroms@hotmail.com), May 19, 2003.


Jackie,

Further to previous message. Compact law state that "If a tenancy was granted before the date of a mortgage then the tenant may be allowed to stay in the property." It looks like they may have made a mistake in the wording following this. Obviously, if the above applies to you it would be worth checking out as the courts may not be able to evict you.

Mark.

-- M Amos (idgroms@hotmail.com), May 19, 2003.


Note with regard to the above answers that it's only worth sueing if you stand a chance of getting your money - in many cases it simply isn't worth it. And, yes, I think it's unfair !

-- Chris (chrsh@email.com), May 19, 2003.

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