This is a question to the blog clinic from Angela who is a tenant in England.

When I signed my tenancy agreement I found a special clause：

Special Clauses

1.Mortgage
The Property is subject to a mortgage granted before the beginning of the Tenancy and; the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by Section 101 of the Law of Property Act 1925; and the mortgagee requires possession of the Property for the purpose of disposing of it in exercise of that power.

Does this mean that the landlord can evict me at any time after the sale of the property and not pay any damages? What can I do to protect my rights?

Answer

This clause does not entitle your landlord to bring proceedings. It is there to protect your landlord’s mortgage company.

If your landlord defaults on his mortgage payments, the mortgage company have the right to take over the property and evict you, so they can sell it to recover the money they lent to your landlord.

So it’s not a clause your landlord can use himself. It will only ever be used if your landlord defaults on his mortgage payments.

This is one reason why tenants should always pay their rent – if they don’t, their landlord may not be able to afford their mortgage payments, and the tenants may be evicted under a clause like this.

The post Can my landlord evict me under this mortgage clause in my tenancy agreement? appeared first on The Landlord Law Blog.