Eviction due to court order against landlord

Jowo_2

PasturesNew wrote: »

As I see it, you have two options:
- change the locks, just in case, and stay on as squatters if the LL loses it. You then get some squatters rights and they have to take you to court to get you out. Not ideal, but buys you more time.

I don't think that strategy will succeed. The lender gains possession of the property and the occupants are irrelevant. The bailiff will turn up on the appointed day with a locksmith to empty the property of whoever is there.

See the quote from the Shelter page on lender possession:- "After [being notified of the court date], the only notice that you will be given is if the court agrees to give the lender possession. If this happens, the court will send a notice to the landlord and 'any other occupiers', informing them of the date that the bailiffs will be coming to repossess the property...anyone living in the property is an 'unlawful occupant' and can be evicted by the bailiffs. No separate court hearing needs to be held."

princeofpounds

Yes it's something of a 'black hole' in the law ensuring security of tenure in the UK.

If your LL wants you out, it either has to be effectively contractually agreed or through persistent vioaltion of contract by not paying rent or trashing the place. But in a fixed-term rental whilst fulfilling your tenancy obligations you are basically safe.

If a LL fails to make a mortgage payment however, then the T loses all that security because the mortgage company gets precedence over T security of tenure. So you can be a perfect tenant with a perfect contract and still get shafted.

This happened to me once.

Personally I think that the BTL market and all the associated problems with subprime BTL mortgages (here in the UK at least) would have been a lot better if lenders had to deal fairly with legally valid tenants.

However, I suppose it is that way so that rogue LL couldn't create favourable tenancies for family members and then default.

Now if I were a shady businessman I would start up a mortgage company that takes over mortgages, allows LL to default, repossesses and then sells house back to LL. Easy way to get someone out in a fixed term... hah maybe not but it might be legal.