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Tenants protected from eviction

Monday October 4th 2010

New rules have come into force to offer tenants some grace if their landlord defaults on their mortgage.

Under such a scenario, tenants will no longer be evicted without warning, as judges will be able to delay the repossessions so that the occupant can find a place to live.

Before the new rules, tenants could literally find themselves on the streets with little or no warning if their landlord had not kept up with mortgage payments and had failed to keep their lender informed they were letting out the property.

In some cases, tenants were not even aware of the situation until a court summons was received or bailiffs arrived, despite the fact that they had kept up with their rent.

But under the new rules, they will be able to attend court repossession hearings for the first time, while judges will also be able to take their situation into account and delay repossession by up to two months.

Lenders must also ensure tenants know that their home is going to be repossessed by sending a letter to the property giving them notice of a court hearing date.

Once a repossession order has been granted, the lender must send a second letter to the property telling tenants they have a warrant for its possession.

The tenant can then request a delay of up to two months if they have not previously had the opportunity to do so.

Copyright © Press Association 2010

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