Tuesday, 3 January 2017

SUSPENDED POSSESSION GONE WRONG

This is a postscript to Landlords in Trouble (see post on 26 October 2016). It is now clear that tenants and mortgage borrowers who are alleged to have breached a suspended order for possession are to have protection against a landlord or lender having them evicted without a judge giving their approval to this step.

For the moment, the landlord or lender who says essential money has not been paid under the suspended order must request permission from a judge for a bailiff to be put into action by completing a new form swingingly called an N325A or an amended form N445. These can be accessed on hmctsformfinder.justice.gov.uk

Any tenant or mortgage borrower evicted under a suspended order but without the prior approval of a judge may well be able to secure a return to their property by courtesy of the court and damages.