Someone who is behind with the rent

R200

Someone who is behind with the rent but not with the mortgage part, Can they try to repossess even though it is part ownership?

R200

Is someone who is shared ownership and has been paying the mortgage on time but has now fallen behind with the rent able to be evicted even though they are part ownership?

there could be a case of fault eviction due to being behind with the rent but what happens to the part ownership that is still being paid for?

user1977

Yes, both the landlord and the mortgage lender will have their standard powers to repossess.

R200

user1977 said:

Yes, both the landlord and the mortgage lender will have their standard powers to repossess.

  Not the mortgage lender if they are not behind?

if they kept up with the mortgage then the part ownership is not in question at all

molerat

R200 said:

user1977 said:

Yes, both the landlord and the mortgage lender will have their standard powers to repossess.

  Not the mortgage lender if they are not behind?

if they kept up with the mortgage then the part ownership is not in question at all

Both will equally and separately have the right to repossess.  It will all be explained in the terms.

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/shared_ownership_arrears_and_possession

R200

What will happen to your equity in the property if they try to put a charge or something?

MWT

A lot of your questions may be answered here: https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/shared_ownership_arrears_and_possession

R200

Thanks MWT. Someone we know is going through this right now and it’s very comforting for her to know that she can’t be evicted from shared ownership.

A shared owner who receives a claim form that specifies ground 8 needs expert housing advice. 

The shared owner might be able to defend a ground 8 claim. They could: 

• 
  

• bring a successful counterclaim against the landlord

R200

The landlord must forfeit the lease before they can issue a possession claim. The shared owner can apply to the County Court for relief from forfeiture. 

The lease is automatically forfeited if the landlord gets a possession order for rent arrears.

R200

She was right to continue to pay the mortgage as that is the most important.

now she owes several months rent and she is getting close to the LL applying for possession of his part. But she will still own her part, so how can the LL kick her out of half the property?


she is also talking to the bank about them purchasing a larger share and increasing the length of the mortgage. Is this a good idea for her?



” Ask the mortgage lender to pay the rent arrears 

Mortgage lenders are typically willing to pay off rent arrears to avoid the landlord taking possession action. This helps them protect their security by purchasing a larger share. The shared owner should ask the lender and landlord what effect this has on their monthly payment, as the mortgage and rent calculations will change. 

Shared owners who cannot afford to pay their rent arrears should contact their lender to find out what support they can offer. “

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/shared_ownership_arrears_and_possession

charlieismydarling

How has ‘she’ managed to accrue rent arrears? Does she receive universal credit housing element?