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I am a private tenant and I have found out that the property is to be re-possessed. What rights do I have if this happens?
I'm currently a private tenant on an unfurnished basis and I have found out that the property is to be re-possessed. What rights do I have if this happens? The owner has not paid mortgage for ten months and legal proceedings are to be taken.
Your circumstances are not unique and I have enormous sympathy for your predicament.
The starting position is that you will have no rights as against the mortgage company if your landlord let the property without their knowledge. If the mortgage was a buy to let one you may be able to argue that the mortgage company had notice and is consequently bound by your tenancy. In the current climate the mortgage company may allow you to remain there in any event collecting rent from you, with a view to selling when the market improves. Your landlord has breached his obligation of quiet enjoyment by putting you in this situation and if you vacate now he will not be able to hold you to breach of tenancy and claim rent.
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