[ Post New Message | Post Reply to this One | Send Private Email to Jenny Russell | Help ]

Response to privant tenant and repossession

from Jenny Russell (jenny@andersonrussell.freeserve.co.uk)
From your previous posting I get the impression that the mortgage pre- dates your tenancy and for this reason it wold not be binding on the mortgage company who could evict you in order to sell. If your landlord sells the property himself, however, your tenancy continues as you have an "overriding interest" under what was formerly s.70(1) (g) Land Registration Act 1925, although the law has changed recently and so I believe that, in order for a purchaser to take subject to your rights, the fact of your occupation must be apparent. If you can prove you were told you could stay beyond the 3-month notice period, you can try arguing that forms part of the protected right. The deposit is a matter between you and the landlord only and I would be wary of withholding rent in this situation as there is no breach of your landlord's obligations as yet to entitle you to set off the bond against rent - it's just your suspicion he won't pay when it comes to it - and this may jeopardise your security.

Hope this helps.

(posted 7630 days ago)

[ Previous | Next ]