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View Full Version : If L avoids mortgagee's repossession, can T still leave?



cgoose
20-01-2010, 20:18 PM
Hi,

Sorry if this has been discussed before, but I have searched through the forums and couldn't find anything similar...

I'm a tenant in a property and have received an eviction notice due to the landlord not paying their mortgage. I've been in contact with the letting agency who have informed me that the LL is going to court to arrange an alternative payment scheme with the mortgage company (the lettings agency will pay the mortgage company direct), so the eviction notice may be cancelled.

My question is, if the eviction notice is cancelled do I still have a right to leave the property before the end of my lease, or do I have to honour the original term (I'm 3 months in to a 6 month lease)?

Thanks in advance

tom999
20-01-2010, 20:49 PM
My question is, if the eviction notice is cancelled do I still have a right to leave the property before the end of my lease, or do I have to honour the original term (I'm 3 months in to a 6 month lease)?As the tenancy will still continue, you will still be liable for rent until the end of the fixed term, unless you can agree with the LL to end the tenancy*.

* Assuming the tenancy is an AST in England or Wales.

cgoose
20-01-2010, 20:56 PM
Thanks for that. I'm hoping to be able make an agreement, but its good to know what my rights are (so I know how nice to be to the LL!).

Thanks again

P.Pilcher
20-01-2010, 22:14 PM
Your landlord has a contract with you to provide accommodation for six months (minimum) and give you two months notice if he wishes to leave (provided you pay yor rent e.t.c.). If he fails to pay his mortgage and as a result the mortgage company evict you within six months of starting your tenancy, you are in a position to sue your landlord for breach of contract. By making the arrangements he has, your landlord is doing his best to abide by the contract he has agreed with you, thus it is unreasonable for you to expect to terminate your contract early. It may however be convenient for your landlord to agree to this, if you politely ask.

P.P.