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Repossession by a landlord's lender

Your landlord's mortgage lender can start court action to repossess the property if your landlord:

  • stops paying their mortgage

  • rents the property out without the lender's permission

The court could make a repossession order unless the landlord puts things right.

You can ask the court to delay eviction for up to 2 months.

When you can stay in your home

The mortgage lender may have to accept you as their tenant if your landlord has either:

  • a buy to let mortgage

  • a mortgage taken out after your tenancy started

This is sometimes called a 'binding tenancy'.

Open letters from the lender

Your landlord’s mortgage lender must send a letter to 'the occupiers':

  1. when they get a date for the court hearing

  2. if they apply for an eviction warrant

Court bailiffs can evict you if the lender applies for an eviction warrant.

The earliest an eviction can take place is 14 days after the lender tells you they've applied for the warrant.

Only open letters addressed to you or 'the occupiers'. You should pass on any letters addressed to your landlord.

Ask for a delay at the court hearing

You can go to the hearing and ask the judge to delay the date for possession for up to 2 months. This gives you extra time to find somewhere else to live.

You do not need to be named on the court paperwork to do this.

You need proof of your tenancy such as:

  • your tenancy agreement

  • evidence of your rent payments

If eviction is delayed at the hearing, you cannot ask again later.

The court might tell you to pay rent to the lender instead of the landlord until you move out.

Ask the lender to delay the eviction date

You need to write to your landlord’s lender to ask them to delay the eviction.

Include a copy of your tenancy agreement.

You can use this template to write to your landlord's lender:

[Use the subject: Tenanted property - request to delay repossession]

I am an assured shorthold tenant at [your address].

My landlord is [landlord's name]. I enclose a copy of my tenancy agreement.

I understand that you have obtained a possession order against my landlord and have applied to enforce this.

As a result, I am due to be evicted on [date of eviction warrant].

Please let me know in writing that:

  1. You will withdraw the warrant of possession

  2. You will not take further enforcement action for 2 months

This will give me time to find other accommodation and raise the funds to secure it.

Please respond by [insert date]. If you do not respond or confirm that you will delay the eviction, I will ask the court to suspend the warrant of possession for 2 months.

You can also download to send an attachment or letter:

Apply to court to delay the eviction

You can ask the court to delay the eviction for up to 2 months if:

  • you did not ask for this at the hearing

  • the lender has not confirmed in writing that they will delay the eviction

Use the court form N244.

Return it to the court.

The court's address is on the notice from the landlord's lender.

There is usually a short hearing where the court decides whether or not to delay the eviction.

The court tells the lender and your landlord the hearing date.

Eviction by bailiffs

You do not have to wait to be evicted by bailiffs if you have somewhere else to move to.

You can ask the council for help if you're facing homelessness because of the eviction.

You should not have to pay for the cost of eviction. It will usually be added to your landlord's debt.

Last updated: 5 April 2023

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