Tenants of defaulting mortgagees

The CLG website is reporting that the Mortgage Repossessions (Protection of Tenants) Bill is now an Act, having received Royal Assent on April 8, 2010.

The press release explains that, where a mortgagor (other than one under a buy-to-let mortgage) has granted a tenancy of the property and fallen into arrears on his mortgage, the court will now have power to postpone any possession order obtained by the mortgage company for up to two months, so as to allow the tenant to make alternative housing arrangements.

Whilst I have no reason to doubt CLG, I’ve not been able to find the final text of the Bill/Act online and so can’t tell you exactly how it does this, or when it comes into force. If anyone knows where I can get a copy of the Act, please do let me know.

About J

J is a barrister in London. He loves service charges and all things leasehold law related. He also likes beating rogue landlords and mortgage companies.
Posted in Mortgage possession and tagged , .

4 Comments

  1. Does look like it was passed today (link is to Today in the Lords, so probably won’t work after tomorrow morning).

    I don’t know what stage this version of the Bill is from, but there don’t appear to have been any amendments in the Lords at all, so I think this must be the final text (doubt that link will work by the morning either, making me look doubly stupid).

  2. Ah, thanks; it is as I’d been led to believe then. The court has a one-time only power to grant up to two months grace, but (probably) on conditions relating to payment to the mortgage company.

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