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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2447
Experience:  Over 5 years in practice.
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1) A assured tenancy given in 1994 on a private dwelling,

Customer Question

(1) A assured tenancy given in 1994 on a private dwelling, private landlord, has been
subject to a court order repossession in circa mid Sep 2015, by the mortgage lender due to the landlord failing to keep up the repayments on his mortgage.(2) The landlord nor the bank which gave the mortgage informed the tenants of the repossession hearing.(3) The tenants have various claims against the mortgage lender and the landlords, the landlords disappeared and have not been in touch for months.(4) The property is subject to a court order for repossession, but a defense has been filed.(ie) there is a court order made for possession .The question is as follows:The landlord has now served his own papers seeking possession of the property, the solicitor acting for the landlords appear not to have been told the property has already is subject to a court order for possession granted on mid September 2015.my laymen understanding here being, the landlord has lost/given up his rights to the property and being landlords by way of the repossession order made by the courts and sought by the bank on the grounds the landlord did not keep up his mortgage payments.Question: can the landlord after disappearing come back and try and seek possession of the property?? by serving his own papers through the courts.A.ps. just a note I asked this firm before to give advice which was absolutely appalling and totally so very very wrong, later a legal aid certificare was granted through a solicitor which I cannot get hold of now till Monday .
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Just to confirm it an assured tenancy, rather then an assured short hold tenancy?