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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69527
Experience:  Over 5 years in practice.
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I rent a property and the owner is going to court,the owner

Resolved Question:

I rent a property and the owner is going to court,the owner is being forced to sell what notice am I entitled to
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.
Thank you question. My name is ***** ***** I will try to help with this.
Are you on an AST?
Customer: replied 1 year ago.

I was on 6 monthly but now yearly

Customer: replied 1 year ago.
Relist: Incomplete answer.
Customer: replied 1 year ago.

?????

Expert:  Remus2004 replied 1 year ago.
What I need to know is whether you are on an AST?
Customer: replied 1 year ago.

yes 6 monthly but now yearly

Expert:  Remus2004 replied 1 year ago.
Did you sign a fresh AST when the first one ended?
Customer: replied 1 year ago.
Yes and I did
Expert:  Remus2004 replied 1 year ago.
If you are on a valid AST then you can rely on that to stay in the property and pay the mortgage company directly.
That does not happen automatically. You need to attend the possession hearing and make representations. Usually there is no difficulty with this though unless you have a checkered history with paying the rent.
However, if they want you out then in the long run they can achieve that. They will just have to let the AST run its course.
Can I clarify anything ?
Jo
Customer: replied 1 year ago.

its not the mortgage company whos forcing the owner out its over an unpaid bill company is taking her to court to force sale of the property so I just need clarification that I cant be evicted until end of my tenancy ....all morgate payments by the owner is up to date

Expert:  Remus2004 replied 1 year ago.
It is not quite right to say that you cannot.
It is something that you can make representations about. It is something the court considers but it isn't right to say that you could not be evicted. Your interest is one factor to consider but not the only one.
Customer: replied 1 year ago.
But if I have to leave and as I have an AST will my tenancy have to run till I have to vacate
Expert:  Remus2004 replied 1 year ago.
No.
Your interest is one factor to consider but not the only one.
Customer: replied 1 year ago.
Well how much notice do they have to give me
Expert:  Remus2004 replied 1 year ago.
Do you mean of the hearing?
Customer: replied 1 year ago.

no if shes forced to put the house up the people applying to force her to sell are saying there requesting I vacant within 28 days ...I still have months left on my AST AGREEMENT

Expert:  Remus2004 replied 1 year ago.
They are not bound by the AST. The contract is not with them. They are forcing a sale against their contractual partner - your landlord. They need not give notice at all.
The only way your interest can be recognised is if you go to court and get the court to say that it must be.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69527
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.

THANK YOU HELP its been a great help

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