Mortgage Repossessions (Protection of Tenants etc) Act 2010

clutton_2

The Statutory Instrument setting out the notifications required to be given to possible tenants or occupiers of the property and the form of those notices.

The Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 requires that the mortgagee gives notice at the time they apply for a Warrant of Execution to instruct the County Court bailiff to enforce a possession order.

When doing so they must also send a notice to the property by first class post or by hand delivery or personal service addressed either to the tenant in their own name or to "The Tenant or Occupier".

The form of this notice is set out in detail and it specifies all the details of the Court who will be dealing with the matter and the details of the mortgagee who is seeking possession. It also spells out the tenant's new rights under the Act to ask for a stay of 2 months in the execution of the warrant and the process by which this is to be done.

This is a welcome development in ensuring the increased protection of tenants. It is a shame that it has taken so long to implement after so many tenants have suffered short notice evictions due to landlords not seeking mortgagee consent for their letting and then failing to pay the mortgage.

courtesy of Painswick

tbs624

See Silvercar's post in this earlier thread, highlighting that this protection does not apply to Ts who are in arrears.

tyllwyd

Links to the actual legislation

The Act
http://www.opsi.gov.uk/acts/acts2010/ukpga_20100019_en_1

Commencement order
http://www.opsi.gov.uk/si/si2010/uksi_20101705_en_1

The regulations
http://www.opsi.gov.uk/si/si2010/uksi_20101809_en_1

(note the act/regulations do not come into force until 1 October 2010)

clutton_2

""this protection does not apply to Ts who are in arrears. ""

i can think of no good reason why it should.....