Talk:Law of Property Act 1925
Hi
Many buy to let and commercial mortgages are written under Law of Property Act 1925 (LPA) legislation.
As a debt adviser I have encountered situations where people can lose their homes without a court process as a result of the mortgage on the property they occupy being LPA rather than Administration of Justice Act 1970(AJA)where repossession can only take place after a court hearing.
The position seems anomalous. In the case of a commercial lease, I understand that repossession of the premises that are used by the lessee as a residence as well for business (e.g. a pub) must include a court hearing.
My own view is that legislation is required to ensure that repossession of owner occupied premises must include a court hearing, even where the mortgage is LPA.
Does anyone have any views on this?
Jim