Our landlord has not been paying the mortgage, secured lender has lodged a repossession application/action with court

[robinpa]

Received papers from the legal agents acting on behalf of the secured lender to notify us that, as tenants, they have commeced repossession proceedings against the landlord as he has £5,280.12 of mortgage arrears.

 

It is my understanding that 21 days after the serving of the papers on the Landlord has expired, if he doesn't defend their action or put up the case, they can apply for decree which can take 4-6 weeks to be obtained.

 

The legal agents then have to issue us with a notice to quit, in which they specify a date (min 4 weeks?) to vacate the property. My wife and I have a short assured tenance and I was advised by the legal agents that if we present this on the eviction date to the agents sent to impliment the eviciton, we will be given until the date which is 2 months after the Notice to Quit was served.

 

Can you please confirm if what I have been told is correct? (I don't know if this makes a difference, but I'm in Scotland)

 

I also queried once repossession has been granted by the court back to the secured lender do I then pay rent at the rate specified in the lease to the secured lender until we vacate or until the date which is 2 months after the notice to quit service date if we stay that long. The legal agents advised we wouldn't have to pay rent to the mortgage company or the landlord after the property has been repossesed, only to the secured lender IF we WANTED to. This strikes me as being slightly odd?

 

One last thing, we go on our honeymoon in 6 weeks and I advised them of this, they have asked me to send them some ID and a copy of the lease and they will put a note on file to ensure no action is taken during the period we are away. I noticed that some posts advise NOT to send a copy of your lease to legal agents in ongoing disputes/actions. In this situation what would you advise I do.

 

Thanks

 

[Guest Old_andrew2018]

IMHO you should send a PM to forum contributers such as kentish lass who have expertise to housing issues, you need to include a link to your thread.

In my opinion it is possible that the period you are given to vacate this property could be shorter.

 

Andy

[Kentish Lass]

I did read this posting, but I don't have any experience regarding a defaulted mortgage, and also, OP is in Scotland, which may make a difference. Also, OP seems to have already taken advice on this matter and seems to be far better informed than I am...

 

I believe that if the lender had approved the renting out of the property, that the period of the tenancy would be honoured, but am not 100% sure about this.

 

By the way, re paying rent after possession has been granted to the lender - you don't have a contract with them so why would you pay them rent, especially since they are evicting you - BUT if they are willing to allow you to stay to the end of the tenancy term, then it would probably be in your best interests to continue paying the rent - but I think the lender would have to notify you of the "change of landlord". All of this is conjecture on my part.