If you rent a home there is always the chance you could find yourself evicted if the landlord falls behind on their mortgage. This in turn would give the lender the ability to evict you and anyone who lives in the house.
If the lender has been granted a repossession order then you have no right to stay in your home. However, there are some ways that your tenancy may be binding on the mortgage lender:
- The landlord’s lender agreed to the tenancy
- When the landlord got a mortgage you were already living there
- The lender has asked you to pay rent – therefore recognizing you as a tenant and your tenancy
It is also possible to delay the repossession by up to two months if you live there. This gives you time to move out and find a new place to abode. In such a case the CAB office nearest to where you live can offer you advice on how to deal with your affairs.
If your tenancy is not binding, then there are a couple of ways to increase your time there by up to two months. The first thing that happens is the judge issues a possession order – this allows the lender to take ownership of the home and that you’ve to leave by a certain date.
Before this happens it’s often best to apply to the court as it will encourage the judge to postpone the date by which you need to leave. This costs a fee, but it may be waived if you’re on income support. Your nearest CAB office can offer you with details on the issue.
If you didn’t apply before the possession order was made then you can also delay the process when the lender applies for a Warrant of Possession. This is the law that gives a bailiff the right to remove you from your home.
The lender needs to send you a notice of a home to say that it’s applying for a warrant before they do – this is known as the notice of execution of the possession order. Here you can ask the lender to delay the eviction before repossession for the 2 month period. If the lender doesn’t allow this you can still ask the court for consideration. However, this must be done within two weeks or 14 days from when the notice was sent to your home. You may be still asked to make rents until you leave the home and it is sold by the lender. It is only possible to delay repossession for up to two months.
The lender is obliged to send you a letter to tell you about the court hearing in advance. However, you may not always be aware of the problem until the court then sends a notice to your home. This will have a date of possession and you will have to have vacated by this date. The lender will just change the locks otherwise. If you still have things in the property after this point consult the bailiff or lender to collect belongings.
This is how to deal with a repossession of a landlord’s property if you are a tenant in the UK.