Notice under Ground 2 in the Schedule in the Housing Act 1988

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Kirstie36
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I am remortgaging a property let on an AST but my lender requires me to have served notice on the tenant before the AST started that possession of the proeprty can be recovered under Ground 2 in Schedule 2 in the Housing Act 1988. I haven't done this as my current lender didn't require it - anyone know how to deal with this.

On looking at the relevant part of the Act it appears that if I default on the mortgage it would mean that the lender would be able to obtain possession of the property under Power of Sale and this would over rule the AST benefits for the tenant.

Does anyone have such a notice?

On speaking to my Conveyancer it appears that so far, Northern Rock and Clydesdale Bank are both putting this special condition in their buy to let mortgages - is this the start of a worrying trend by lenders - would you as a tenant be happy with that i.e to be homeless through no fault of your own?

Help!

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12/01/2012 00:00

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