Tenants Facing Eviction – Know Your Rights
The number of buy-to-let landlords having problems paying back their mortgage has been increasing dramatically, reports The Guardian. Make sure you know your rights in this.
Tenants living in homes that have been repossessed by the landlord’s mortgage provider can do remarkably little to delay their eviction. It doesn’t matter whether you are completely up to date with their rent or not, in most cases you will have no right to stay in the property after it is repossessed by the lender – assuming they want you out.
The housing charity Shelter says landlords should always warn their tenant if repossession is a possibility, but often tenants will not be aware of any problem until the court sends a notice to the property, informing them that the lender has been given a possession order and the bailiffs will be coming to repossess.
Tenants will be sent a notice (form N54) addressed to the defendant (usually the landlord) and “any other occupiers”. It tells you when bailiffs will be coming. It may only give a few days’ notice of an eviction. Shelter says tenants getting such a letter should seek advice from it (0808-800 4444) or Citizens Advice immediately.
Once the mortgage lender has been given a possession order, anyone living in the property is an “unlawful occupant” and can be evicted by bailiffs. No separate court hearing needs to be held but you should receive written notice. You may have the right to stay on if your tenancy is binding on the lender – if you were already living in the property at the time the mortgage was granted.
Shelter says that lenders may be amenable to allowing tenants to stay on and pay rent to an agent it has appointed. This is at the lender’s discretion. Shelter has campaigned for judges hearing these cases to be given the power to take into account the tenant’s needs, and to be allowed to grant tenants a reasonable period of time to find alternative accommodation.
Read further >> Tenants facing eviction as their landlords default on mortgages
This is not a fair situation for everyone. I do feel sorry for people that have suffered because of the latest financial situation. It is not fair on tenants to find out about their eviction from a notice, because as far as they are aware they have been paying their rent so in turn the Landlord should in theory being paying it on. I think that it is important to not get caught out by this in relation to the Landlord and the Tenant. Making sure your finances are in decent order and speaking to your mortgage company if you have issues concerning your mortgage speaking to the professionals will help.
We are covering a number of similar stories at our Rental Rights website.
If you have similar experiences, please share, we would love to hear from you.
i stop paying this month june rent im moving in july 1st the landlord put a supra box with the house keys and the agents there showing the house any time any day without mine consent and now shes giving me a 3 day notice to vacate or jpay the rent i feel that mine righs are violated do i have rights or i go to court and filed some papers we have a 1 year lease is due in december 2010?