When the lender might become your landlord
Some tenants have 'binding tenancies'.
This means you become a tenant of the lender if your landlord's property is repossessed.
A binding tenancy is sometimes called an authorised tenancy.
When you might have a binding tenancy
You might have a binding tenancy if either:
your landlord has a buy to let mortgage
your tenancy started before the landlord took out the mortgage
You can also stay in the property as a tenant if your landlord's lender agrees to it.
If you do not have a binding tenancy
Your tenancy ends if your landlord's property is repossessed by the lender.
You can ask that your eviction is delayed for up to 2 months.
You can either:
How to check if you have a binding tenancy
You can ask your landlord's lender when you speak to them.
You could check with your landlord or agent if the lender will not give you this information.
You could also check the Land Registry. It costs £7 to get basic information about the property, like when the mortgage started.
If you signed a waiver
A waiver is a document that a mortgage lender can ask you to sign before they lend your landlord money.
It says that you agree to leave if the property is repossessed.
If you sign a waiver, you probably do not have a binding tenancy.
But you can ask the mortgage lender for more time to find somewhere else to live.
Ask your council for help if you're at risk of losing your home.
Your council might help you find out what's happening.
They might speak to your landlord or agent on your behalf.
How does the lender become your landlord?
The lender will usually apply to court if your landlord misses mortgage payments.
The court arranges a repossession hearing for your landlord. The lender must write to you with the hearing date.
Tell the lender and the court if you think you might have a binding tenancy.
You can go to court to:
show proof of your tenancy
find out what happens next
The court decides if and when the lender takes over the property from the landlord.
The lender becomes responsible for repairs and protecting your deposit if they take over the property.
There might not be a hearing if your landlord has a buy to let mortgage.
The lender should write to you if they become your new landlord.
Who should you pay rent to?
The lender should tell you clearly:
where to pay your rent
if they want to sell the property
If you do not know who to pay, keep the money until you have been told in writing who and how to pay.
The lender can ask you to pay rent to a receiver instead of starting court action.
A receiver is someone who takes the rent money from you and passes it to the lender.
Can the lender evict you after they become your landlord?
The lender will probably want you to leave so they can sell the property. They must give you a section 8 notice.
The notice lists the 'possession grounds'. This means the reason you are being evicted. The grounds have numbers
You should get at least 4 months' notice if the lender uses ground 2 because they want to sell.
You might get less notice if the lender can evict you for another reason. For example, 4 weeks' notice if you owe rent.
If you do not leave by the end of the notice, the lender must ask the court for an eviction order.
The court cannot usually stop your eviction if the lender gives you the right notice.
More on:
Get legal advice if you're facing eviction.
Last updated: 1 May 2026
