Help For A M8 Notice To Quit

geoffky

MY m8 has just phoned me and he has found out his landlord has just had the house repossessed and he has just found out the landlord did not have a btl mortgage. the letter was to his landlord to quit by the 1st of September..he is on a 12 month tenancy agreement. i dont think the bank even know there is a tenant in the house....so where does my m8 stand on this one.. . does he have to be out on the 1st...people who really know what they are talking about only as this is important as there are kids involved ect

geoffky

JUST FOUND OUT...


Tenants of Mortgaged Homes

Most mortgages have a condition that the property cannot be let without the prior written consent of the lender. Landlords should always seek the consent of the lender before letting their property.
This is important because any tenancies granted without the consent of the lender and after the date the mortgage was taken out will not protect the tenant(s) against the lender.
This means if the landlord falls into arrears with his / her mortgage repayments and the lender repossesses the property the tenant(s) will be evicted.
The tenant will have no right to stay in the property, but may have a right to sue the landlord for compensation.
If however, the lender does something to recognise the tenant as a tenant, such as accepting rent from the tenant, then the tenant may be able to defend the repossession and argue that the lender has created a new tenancy with them.
If a tenancy was granted before the date of a mortgage then the tenant may be allowed to stay in the property. This applies if the tenancy is a lease for a period of not more than 3 years, or a lease for a period not exceeding 21 years.
If a tenant wishes to sue a borrower (i.e. the landlord) because their tenancy is invalid, because it was created after the date of the mortgage the tenant should apply to be joined as a defendant to the repossession proceedings and claim compensation against the landlord for breaching their right to peacefully enjoy the property. If there is sufficient equity in the property the tenant's claim could then be settled on the sale of the property.



LINK http://www.compactlaw.co.uk/free_legal_information/private_housing/privhf14.html

house184

Hrm if the Notice is a Notice of Eviction then I'm afraid your mate will have to be out as the bailiffs will evict anyone in the property (the notice will probably be addressed to your Landlord and all other occupiers).

Best to find out exactly what the letter is first. However do remember it's a criminal offence to interfere with post that is addressed to your landlord, although i guess if it's also addressed to all other occupiers you might be ok in opening it, if you haven't already, but don't quote me on that one!

Either way you it sounds like your mate will have a claim for breaching his peaceful and quiet enjoyment of his tenancy (ie by being kicked out by the bailiff!) against his landlord but his landlord may well not have any money so probably not worth it!

Heh I was typing my reply as you were posting the second post so I may have repeated some points

Your mate will probably want to start looking for alternative privately rented accommodation but without knowing exactly what the letter is I can't advise further.

barnaby-bear

geoffky wrote: »

MY m8 has just phoned me and he has found out his landlord has just had the house repossessed and he has just found out the landlord did not have a btl mortgage. the letter was to his landlord to quit by the 1st of September..he is on a 12 month tenancy agreement. i dont think the bank even know there is a tenant in the house....so where does my m8 stand on this one.. . does he have to be out on the 1st...people who really know what they are talking about only as this is important as there are kids involved ect

He has to be out and his stuff, they will change the locks.

Contact shelter ASAP - this is an unintentional homelessness situation so with kids if they ever wanted council housing they can play those cards.

clutton_2

if the letter was to the occupier of the property from the court - he should get in contact with the court immediately and tell them that he is there - they may not now of his existence - and ask for a "stay" - ie a bit longer to look for a new home - BUT the lender may oppose such a request - but worth a phone call/letter

Alleycat

If the letter is a bailiffs warrant, then I am afraid your friend will have to leave on the date specified. It is very unfortunate that landlords can get away with this, but thankfully the mortgage companies are aware that some owners will rent out and address post to owner and other occupiers giving the tenant a reason to open the post and find out.

geoffky

THANKS ALL the letter said to owner and anyone else residing in the property...i have told him to phone shelter.