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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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My landlord has not paid his mortgage and the house is to be

Resolved Question:

My landlord has not paid his mortgage and the house is to be repossessed by the mortgage company. Is there anything I can do?
Submitted: 7 years ago.
Category: UK Property Law
Expert:  Thomas replied 7 years ago.



If the lender has issued a claim for possession then they must serve a notice(within five days of receiving notification of the hearing date) to the occupiers advising that they have commenced proceedings.


Once you have received this you can participate in the case. It depends on the court but some let you attend the possession hearing listed in the notice, whereas others require you to make a formal application as second defendant.


Where the tenancy does not bind the lender then they are not obliged to allow the tenant to occupy the premises until the expiry of the tenancy. if the tenancy does bind the lender then the court will order that the the lender can recover possession against you landlord but not against you as tenant. Call the lender and see if they are willing to allow your tenancy to continue.


At the hearing the court may make a 28 day order for possession, which means that you will likely have approximately 6 weeks in the property while it is processed. Alternatively the landlord may agree to clear the arrears over time and you will not have a problem.


You will be able to make a claim against your landlord for compensation though.


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Kind regards,



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