Mortgage Repossessions (Protection of Tenants etc) Act 2010

tbs624

See here for the wording of "An Act to protect persons whose tenancies are not binding on mortgagees and to require mortgagees to give notice of the proposed execution of possession orders."

About time.......

clutton_2

it gives tenants two months to move on.. which seems quite a reasonable compromise between Lenders wanting immediate possession, and tenants wanting to stay to the end of their fixed term.....

princeofpounds

I agree. The big problem I had when my old place was repossessed was that I just got a letter with a court date where the mortgage company would sue the landlord.

The court, the landlord and the mortgage company all refused to give me any information or even talk to me. I couldn't move on, because if the landlord won I would still be liable for all my future rent, but I had to move on because the moment the landlord lost I would be under an eviction order with no idea when it would be enforced. And I couldn't give my own notice as it was still inside 6 months.

I would really have appreciated a normal 2 months notice so I knew when I needed to get my next place for. I would also have appreciated the opportunity to leave ASAP on my own terms, don't know if the legislation provides for that, probably not.

But certainly better than what we have right now.

MrsManda

princeofpounds wrote: »

I would really have appreciated a normal 2 months notice so I knew when I needed to get my next place for. I would also have appreciated the opportunity to leave ASAP on my own terms, don't know if the legislation provides for that, probably not.

(2) When making an order for delivery of possession of the property, the court may, on the application of the tenant, postpone the date for delivery of
possession for a period not exceeding two months.

Prior to this legislation the court order to repossess was executed immediately. With this, the tenant can request a maximum delay of two months but this doesn't mean it has to be two months - if the tenant wants to move immediately, or in three weeks or whatever then thats the postponement they can apply to have

silvercar

England and Wales only.

Doesn't apply if the tenant is in breach of the tenancy agreement. So tenants whose rent arrears could be seen to be the cause of the mortgagee being repossessed will not be protected.

tbs624

Commencement Order to be given so we get to wait and see after General Election.

Looking through the Act s(8) refers only to tenancies arising under the 1988 Housing Act and the 1977 Rent Act ; those under a "Common Law" tenancy have no protection afforded to them. Presumably this ties in with plans, about which I previously posted, to up the AST-relevant rental figure from 25k to 100k per annum