New rights for 'unauthorised' tenants facing eviction

‘Unauthorised’ tenants facing eviction due to their landlord falling into mortgage arrears and having their property repossessed have been given new rights under the Mortgage Repossessions (Protection of tenants etc) Act 2010.

An unauthorised tenant is one whose landlord has mortgaged and then let a property without the consent or knowledge of the lender, contravening the mortgage agreement. In such cases, the tenancy agreement is unenforceable against the lender.

The changes will give new rights to unauthorised tenants, allowing them to request up to a two month delay in eviction if their landlord’s lender begins possession proceedings.

For more information, tenants or landlords can contact Tom Tarver at Johnsons Chartered Surveyors on 01386 761515.

Johnsons Chartered Surveyors are regulated by the RICS, licensed members of NALS and are also members of the NAEA, ARLA and the TDS. Johnsons offer free, no obligation advice and assistance to both prospective buy to let investors and existing landlords.