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Senior Partner
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13330
Experience:  30 years experience in business law and related topics such as employment law
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Hi there... Im looking for some information on housing law.

Customer Question

Hi there... I'm looking for some information on housing law. My landlord has defaulted on his mortage payment and a reposesssion order was granted to the mortgae lender last month. We've had a letter from the solicitors under instruction from the mortage lender requesting we vacate the property by the 16th of this month. Can they do this? Don't they require a court-ordered eviction notice? Any help would be gratefully received!
Submitted: 8 years ago.
Category: UK Law
Expert:  Senior Partner replied 8 years ago.
what sort of tenancy do you have? when did it commence ? Is it an AST?
Customer: replied 8 years ago.
Hi, yes it's an AST. I've lived there for a couple of years but we restarted the contract about three months ago when my old flatmate moved out and the new one moved in.

The wording in the letter from the mortgage-lender's solicitor states:

"At a hearing on 19th May 2010, our client was granted a possession order over [address of flat].

Pursuant to that order you are required to vacate the property on or before 16 June 2010. You are required to move your personal belongings from the property and we put you on notice that any remaining items once our client has taken posession of the same may be destroyed/disposed of as our client sees fit.

This letter contains important legal information and you are recommended to seek your own legal advice upon it's content".

Expert:  Senior Partner replied 8 years ago.
Were you given notice of the possession proceedings?

Your rights depend upon whether the mortgagee gave consent to the letting - which most buy to let mortgages do but normal mortgages do not- if he did then he is bound by the tenancy otherwise they are entitled to possession provided you were served with the right notice.
Customer: replied 8 years ago.
Yes, we were given notice of the proceedings, and the landlords have a buy-to-let mortgage on the property. I'm still unclear: does this mean that when the possession order comes into effect (on the 16th june according to the mortgage-provider's solicitor) they have the right to simply send bailiffs round and turf us (and our possessions) out? Doesn't there need to be a court-ordered eviction notice period once the possession order takes effect?
Expert:  Senior Partner replied 8 years ago.
Did you attend the hearing or take any steps to prevent the possession order?

Edited by Senior Partner on 6/10/2010 at 1:01 PM EST
Customer: replied 8 years ago.
No, we didn't attend. We did receive a letter from the landlords on the 27th may informing us of the result of the hearing, stating that:

"At a hearing in slough county court on 19th may an order was made granting [mortgage lender] leave to apply after 28 days for a Possession Warrant on the property you occupy.

HOWEVER, we as landlords retain the right to apply, within 21 days, for an appeal and the wheels are now in motion to ensure this is done as soon as possible.

This means you are in no immediate danger of being ejected from your current accomodation".

We then received the letter from the mortgage lender's solicitor as quoted in my previous answer above.

I spoke with the landlords this morning who have told me they've put in an offer with the mortgage lender to pay off all the arrears, and cancel the possession order in return. I'm awaiting his call to hear the outcome of this offer.

So the upshot is... we don't know whether to pack up and get out, or to sit it out in the flat. And we'd prefer the latter as we've paid rent for the whole month. Can the mortgage lender, when the order comes into effect, walk in though?

Customer: replied 8 years ago.
Hi, I got a reply from you with no extra information:) Does my last answer make sense?
Expert:  Senior Partner replied 8 years ago.
Sorry I think the replies crossed
Well the legal position is that the court possession order is effectively a legal eviction notice . However this is only valid if you as tenant were given notice in your tenancy that the mortgagee could apply for possession ( and you need to check your tenancy ) and secondly that the original notice you received was at least 2 months prior to the repossession date. If this is not the case then you could apply to have the repossession order set aside as regards XXXXX XXXXX tenants. It sounds as if you may not have got all the notices if you have pad the rent in advance.

if there are any defects in the procedure i.e. you were not given prior notice etc then write to the mortgagees solicitors and say so so they are on notice.

If the position is resolved well and good but if not feel free to come back