AQW 39606/11-15 Written question to the Minister for Social Development
To ask the Minister for Social Development what measures are in place to protect housing tenants from eviction, as a result of their landlord facing financial difficulties, and which ensure that tenants are given sufficient notice of changes in circumstance by the property owner.
Asked by Claire Sugden MLA on 1 December 2014
- Answered
- Written
- Tabled
- 1 December 2014
- Answer due by
- 16 December 2014
- Answered
- 11 December 201410 days after tabling
- Department
- Department for Communities
- Priority question
- No
Answer
The protection for a tenant, whose landlord is facing financial difficulty, depends on the terms of the mortgage agreement. However, where a landlord takes out a mortgage and makes the lender aware that a tenancy exists, or will exist in the accommodation, the lender could be bound by the lease. As such, if the lender gains possession of the property they may be obliged to let the lease run on until the end of the existing contractual period and accept rent from the tenant.
There is a process to be followed to end a tenancy legally. The tenant is not required to leave the property until the correct notice to quit period expires and if he/she refuses to leave at this time the landlord can only gain possession by obtaining a court order.
Once a landlord obtains a possession order from the courts they must apply to the Enforcement of Judgements Office to have it enforced. The Enforcement of Judgements Office has protocols in place which aim to keep tenants involved in cases of repossession.
Should any tenant be worried about the future I would urge that they seek advice as early as possible. The nidirect website as well as organisations such as Housing Rights Service and Citizens Advice can help tenants facing eviction