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Saturday, October 09, 2010

Tenants no longer evicted

Tenants will no longer be kicked out of their home with no warning if their landlord defaults on their mortgage.

New rules have been introduced that will give judges power to delay repossessions in order to give tenants enough time to find another property to let.

An old work colleague of mine was the victim of this back in the 90s.  His Nigerian landlord unbeknown to him had been pocketing his rent but then not paying the mortgage.

The new rules require a lender to send a letter to the house and thereby the tenant if the property is being rented out.

These laws will also give tenants the right to attend the repossession hearing and the judge the power to delay the repossession by up to two months.

Housing minister Grant Shapps said: “Of course all landlords should get permission from their lender before renting out their home. But when landlords don’t, and they face the real prospect of repossession, their tenants should not be left worse off than any other tenant as a result.”

The changes have been introduced under a Private Members Bill brought by Dr Brian Iddon, Labour MP for Bolton South.

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4 comments:

Anonymous said...

Things are getting worse instead of better for the landlords in UK. I fell victim to none payment of rent by my tenant due to the council paying him and he not paying me. I was told obviously that the tenant had to be 8 wks in arrears I told them that I would be in Egypt and every month I wrote a mail to them telling them I had recieved no rent and was about to be arrested here they took no notice to me, in the end I told them to stop the rent he was living rent free anyway so he may as well to this point he owed me 3,600GBP. I arrived in UK in October and they wouldn't give me any info until I blew up telling them of the situ and on top of it I was arrested over night. The police asked me could he stay in my house until the monday I said yes Monday came and went I ended up calling the police to the house on the Tuesday and he knew what had gone on he then said don't let him back in I called him told him not to come back he didn't but it just goes to show people don't care about you or your house

Regards Pam

Gavin Murphy said...

Pam,

You need to follow the correct eviction process and not just 'show up' at the property, which is perhaps why you were arrested, although you do not specify exactly why you were. Unfortunately some councils are less cooperative than others when it comes to applying the 8 week rule, and most will not provide you with any details of the tenants situation unless you have had the tenant sign a disclaimer form at the start of the tenancy, which allows your council to discuss SOME, but not all, aspects of the payments tenant's details, which is better than nothing. These are usually available from your local council. In addition, try to get a guarantor for the tenancy in the first instance (a homeowner preferably, or if not then at least someone in full time employment), this will usually be enough to weed out any unreliable or dishonest tenant applicants. Good luck.

Gavin

Ali said...

In the original article the landlord's nationality is referred to. What is the significance of mentioning this?

Hawkeye said...

Fair point Ali. As you say what is the significance of the landlords nationality other than additional description that is largely superfluous. We will take your point on board.