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Received 'Notice of The Execution of the Possession Order' from Landlords Lender

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  • Received 'Notice of The Execution of the Possession Order' from Landlords Lender

    Hello, hoping to get some advice.

    Details of the situation:
    • I have received a 'Notice of The Execution of the Possession Order' letter from the Lenders solicitor
    • I am a tenant with a periodic Assured Shorthold Tenancy
    • My landlord had a buy to let mortgage on the property
    Timeline of events:
    1. Last Aug I received notice that the lender had commenced repossession proceedings
    2. I wrote to the lender to inform them of my tenancy (they wrote back acknowledging receipt)
    3. I spoke to the lenders solicitor over the phone the day after the court date they said a 28 day possession order was granted
    4. I sent a recorded letter to the lender in Jan to ask for an update on the situation (no reply)
    5. Yesterday I received the 'Notice of The Execution of the Possession Order'
    I understand the Lender has applied for a warrant of possession, and I understand I can apply to the Lender to request a two month delay.

    I've been expecting that I'll have to move sooner or later so it's no shock. However my understanding is that due to it being a buy to let mortgage my tenancy would be binding upon the Lender.

    From reading Shelters website in situations where the tenancy is binding the Lender can end an authorised tenancy by:
    • Using section 21
    • Using Ground 2 Housing Act 1988 (my tenancy includes a clause mentioning this)
    Does the Lender have the right to jump to requesting a warrant for possession? shouldn't they have to use one of the two means above?

    I'm unsure of what my next move should be, I would just like as much time as possible to find a place to move to. I'm happy to pay the lender to continue to live at the property.

    Should I:
    • Just contact the lender to request the 2 month delay?
    • Or should I argue the case that as a binding tenancy they should have to issue me with a section 21 or use Ground 2? If so how do I go about this?
    Tags: None

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