Tenants eviction by mortgage companies
There have been many cases in the past where tenants have been evicted, not because they are in arrears of rent or any other problem on their part, but becuase their landlord has not paid his mortgage payments.
If your landlord had not got consent for your tenancy, then you could be evicted often without much notice. For example see this case here where tenants had to vacate within 24 hours.
New legislation to help tenants
Happily, new legislation (previously discussed here) which came into force on 1 October will now help in this situation.
If you find that you are being evicted by your landlords mortgage company, your tenancy will still end. However you can now ask the mortgage company, or if they do not co-opearte, the court, for an extra two months in the property to allow you time to find somewhere else to live.
Which is not perfect but is considerably better than nothing.
Guidance for tenants
There is a very good and detailed information brochure which you can download from the Communities and Local Government web-site which explains exctly what you have to do.
Letting agents duty to tenants
Interestingly the brochure makes it clear that agents have a duty to check with landlords when taking on a property to make sure that the lenders permission has been given.
So if you find yourself in this situation you may be able to bring a claim against the agents (in a similar way as discussed in this post on breach of agents warranty of authority).
I was amused (if that is the right word) to see a suggestion in section 10.2 that tenants consult a local housing law centre. I understand that many of these may have to close due to lack of funding!
