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Mortgage Company Repossessing The Property From The Landlord?

One thing you may not have considered is what could happen if your landlord has his property repossessed by the mortgage company.

If you see a repossession notice it is important to know what your rights are in terms of when you will be expected to move and so forth.

Information

If the property is privately owned then it is the responsibility of the landlord to keep up with the mortgage payments. If they have not been keeping up the repayments you should be informed of this.

You should receive a letter telling you that the landlord hasn’t kept up with payments and that the lender will be looking to repossess the property. Ideally you should also receive a letter detailing the date when the repossession will take place.

Valid notice

Before a notice is even served they should have discussed an alternative payment scheme with the landlord. If the landlord has arranged an agreement a notice should not be served if they stick with the agreement.

One important detail on the repossession notice should be the specific number of tenants in the property and if the notice doesn’t specify this then it has to be rewritten and this can give you time to find accommodation.

It is also important to seek legal advice if you feel that you are being discriminated against on the grounds of gender, race, religion etc. Another option is to contact the court directly (In England the form you need is Court Service Form N244). The contact details ought to be on any notices you have been given.

Your application should include relevant details (including a copy of your lease agreement) and any circumstances where you may find difficulty finding suitable accommodation at short notice (for example you use a wheelchair and you need somewhere with the right level of access.)

When you can stay

The danger of a repossession is that the lender could kick you out alongside the landlord. One exception to this is if you were a tenant before the landlord took over the property (ie you are a “sitting tenant”.) Another reason you could stay is if the lender agreed to your tenancy, therefore you can argue that you still have the right to stay in the property.

A vital thing to remember is that you cannot legally be kicked out without a court order. Therefore when you get notice of the lender’s intention to repossess you need to seek legal advice.

However even if the lender does agree to this you won’t be able to stay in the property indefinitely. Remember to check the lease as this will be the length of time you will definitely be able to stay!

What if they change the locks?

In the worst case scenario you come home from work to find without warning that the locks have changed. If this situation occurs it is worth getting legal advice so that you can get compensation for emergency accommodation. You should also contact the lender so that you can get access to get your possessions.

Get advice

The crucial thing when dealing with a repossession notice is to stay calm and get appropriate advice. Your local authority or organisations such as Shelter can discuss the options available to you so that you can either stay in your current property or find temporary accommodation that is suitable for you.

Remember it is the council’s legal obligation to find you accommodation to ensure you are not homeless. This is why it is vital to get advice as soon as you are informed of the property getting repossessed. With prompt action you will get the help you need.



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