Legal Advice - Regaining access to a property

[tenbog]

This question is not specific to Landlord or Tenants, but hopefully someone can help.

 

I have a property which comprises of commercial and residential spaces, i.e. ground floor shop and residential flat above. Due to arrears on the mortgage, the mortgage company have changed the locks and put a gate across the front door. The door is the only access to both the commercial and residential areas. The building is currently unoccupied.

 

I have never been taken to court over the arrears allowing a re-possession to take place. I am also in possision of the property's deeds.

 

I have spoken to the Police about the situation and the say that it is a civil matter if it involves money/mortgage and they cannot help.

 

My first question is, can a mortgage company (or their agents) gain entry, replace the locks and barricade the front door without going to court first?

 

My second question is can I lawfully regain access by removing the gate and changing the locks myself?

 

Any advice if gratefully appreciated.

[tiglet]

If they do not have a court order then no, they can't. Is it possible that they have obtained one without your knowledge? i would call your local court tomorrow to find out.

[tenbog]

That is a good question.. I do not know enough about the court process to know if they can do that. However I will contact my local court to find out.

 

Many thanks

[tiglet]

They can't do it without both them and the court notifying you, but I'm wondering whether perhaps the documents have gone astray or to another address.

[tenbog]

The little communication I have has with them indicates that they 'believe' they do not have to got to court to do this. This could be mis-information, but it does appear they have taken action without court action.

[swayze]

The little communication I have has with them indicates that they 'believe' they do not have to got to court to do this.

 

This cannot be correct! I doubt ANY mortgage company belive they can gain possession without a court order and they would normally send any paperwork regarding court procedings to your last known address so unless you have changed address without informing them then you should have had some sort of correspondance.

[tiglet]

i would speak to CAB about this tomorrow - I'm sure this can't be right.