Why we might take action to end your lease
This section explains the action we will take if:
- you don't pay the rent due under the lease
- you don't pay the service charge due under the lease
- you fail to meet other terms (or covenants) of the
lease
Whenever we can, we will take action to resolve problems so that
you don't lose your home. But if this action is impossible or
unsuccessful, we will have to take steps to end your lease:
- if you don't pay the rent or service charge due under the
lease.
- if you miss a rent or service charge payment, we will ask you
to make up the missing payment or to contact us if you are having
problems in making the payment.
- if you don't contact us and you miss another payment, we will
take one of the following three steps, depending on the
circumstances. We will write and tell you what action we are
taking.
Contacting your mortgage lenders
We will write to your mortgage lenders. They have legal interest
in the property. To protect this, they may agree to pay any arrears
to avoid action to repossess your home. The arrears will be added
to your mortgage debt.
Mortgage lenders will not usually do this more than once or
twice. They will not do it if the arrears will put the mortgage
debt above a certain percentage of the likely value of the
property.
Taking action through the small claims court procedure
We will apply to the local county court to try to recover the
money owing to us. If we succeed the court will grant us a Money
Judgement Order. If you are in paid work, we will consider asking
the court for an Attachment of Earnings Order, the court will then
arrange for your employer to make regular deductions from your
earnings until the debt is cleared.
The Money Judgment Order against you may affect your ability to
get credit in the future.
Taking court action to repossess your home
We can take court action in two different ways to repossess your
home:
- taking court action to repossess your home
- taking court action for forfeiture of your lease
Both actions will mean that you will have to leave your
home.