Buy to Let Eviciton Notice Help Needed

swaninn

Can anyone help? I have a buy to let and the mortgage company (Mortgage Express) have an eviction notice for eviction of the tenants on the 18th of December. Can they evict the tenants even if I have a shorthold tennancy agreement with them? Obviously they can repossess the house due to arrears but what are my rights here?

Mortgage Express have requested to see the tenancy agreement in case the tenants have rights, what might these be?

thanks

Jowo_2

The Shelter website has a comprehensive section that covers the rights of tenants when it comes to the repossession of a property by the lender.

This is a link to their England site so just find a different link if the property is in Scotland/Wales.

http://england.shelter.org.uk/get_advice/eviction/repossession_by_a_landlords_lender

sjcollett

Hi, i think you need to find out asap if your tenants will have somewhere to live and if not warn them asap so that they can find somewhere else. At the end of the day if a mortgage is not being paid then the lender will repossess the house. I take it you have been to court and this is a bailiff notice? Please act quickly so that your tenants can find a new home

Fire_Fox

Are you the one being repossessed? If so why do your rights come into the equation?? If you have a BTL mortgage and the tenants are still within the period of their (usually six month) AST they cannot be evicted. If they are out of the AST and on a rolling monthly contract, the tenants need to be served two months notice.

silvercar

Mortgage Express have requested to see the tenancy agreement in case the tenants have rights, what might these be?

The right to quiet enjoyment of the property until the end of the fixed term or until they have been served notice.

Obviously they can repossess the house due to arrears but what are my rights here?

Have the tenants been paying the rent? If so, why do you have arrears, haven't you used the rent money to pay the mortgage.

Can they evict the tenants even if I have a shorthold tennancy agreement with them?

Not if you have a BTL mortgage. Though they can give notice to evict them in the shortest possible legal time. They would also need to give notice to the tenants that they are the effective landlord and that rent should be paid to them,

Alias_Omega

OP,

What is the Mortgage Payment vs Rental Income.

With the lower interest rate, is there no way to get back on track sooner than later.

How much do you owe for them to take the house back out of being nosy.

silvercar

Obviously they can repossess the house due to arrears but what are my rights here?

The lender has a duty to sell at the best price. This will be reduced from market price as (a) its a repo and (b) there is a tenant with a right to be in the property.

Expect the lender to give you back the difference between the price obtained and the mortgage less interest costs, legal costs, the costs of repo etc.
If the lender doesn't honour the tenancy agreement, the tenants have a right to take legal action against you for you breaching their tenancy agreement by not allowing them enjoyment of the property free from harrassment.