Friday, March 13, 2009

Outbreak of commonsense

Help 'at risk' tenants - Tories

The Conservatives are calling for more protection for tenants who face being evicted from their home with little notice if it is repossessed. Lenders are required to give tenants just 14 days' notice that their property might be repossessed. The Tories say this period should be extended and tenants should be more clearly informed about their situation. Ministers said tenants would soon be given seven weeks' notice and insisted they should be treated fairly.

Posted by mark wadsworth @ 01:15 PM (895 views)
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5 thoughts on “Outbreak of commonsense

  • wow – differentiation from labour at last – and it may actually be of some use.

    What are the chances they will actually push for something to be done rather than just talking political hot air?

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  • There is so much FUD around regarding the Protection From Eviction Act 1977 and Housing Act 1988.

    Tenants are only vulnerable if they take the repossessor’s advice at face value.

    In this country, it is still a criminal offence to evict a tenant without a Notice to Quit according to the contractual agreement (usually a month, but could be longer).

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  • A month is nowhere near enough. Tenants should be compensated to the tune of 12months rent at the absolute minimum.

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  • The issue is what the HA1988 calls ‘vacant possession’. The dwelling can only be repossessed if it is vacant.

    Now of course banks take this to mean that the tenant must get out immediately because they want to repossess, but actually it means that the landlord or repossessor has to submit a Notice to Quit and wait for it to expire before the tenant is obliged to vacate.

    The first thing I would do if this happened to me is call the police, and tell the bank or repossessor that the police are on their way to make an arrest under the HA1988 and PfR1977.

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  • Paul

    I heard this on Radio 4 today and they gave the impression that you have rights as you say if your landlord has a BTL mortgage but not if the Bank doesn’t know the properties been let out.

    I frankly don’t believe this for starters. That problem would be between the bank and their mortgagee IMO.

    However in this market I’d say the bank would be glad of a couple of months rent to help cover their repo costs for a start, bearing in mind they are repossessing because they haven’t had any payments.

    I personally can’t believe that they can just turn up and turf you out (unless you haven’t been paying your rent of course).

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