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Talk:Law of Property Act 1925

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This is an old revision of this page, as edited by 82.152.255.233 (talk) at 12:25, 25 January 2009 (Created page with '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 pe...'). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

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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

82.152.255.233 (talk) 12:25, 25 January 2009 (UTC)[reply]