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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My landlord is not paying s mortgage, where do I stand when

Customer Question

Good Evening,
My landlord is not paying his mortgage, where do I stand when I have been paying my rent every month? And his mortgage broker his threading legal action?
Regards Sue
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

How long do you have left on your contract? Alex

Customer: replied 1 year ago.
I have 9years and 4 months left he is in arrears by 4 months to date
Expert:  Ash replied 1 year ago.

Do you have an assured shorthold tenancy?

Customer: replied 1 year ago.
No it is a 10 year long term agreement
Expert:  Ash replied 1 year ago.

Its bad news I am afraid. There is nothing you can do - you cant stop the mortgage company taking possession if he is behind on it - they have a secured legal right which you cant overcome.

They have a secured charge - this gives them the right.

But then they need to get an Order for possession from the Court. If that does happy you will get a warrant of eviction.

You can apply to halt the eviction - but the law says that you can only get 2 months.

In short you can delay it, but you cant prevent it.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?