GMAC RFC Ltd v Jones (2010) County Court

Ms Jones had a mortgage from GMAC and, on the basis of arrears of mortgage payments, GMAC obtained a possession order. After the possession order was granted, however, Ms Jones granted a 12 month fixed term assured shorthold tenancy, without getting GMAC’s consent. After the end of the fixed term, the tenant remained in occupation, paying rent of £900 per month. GMAC sent notices to the property, addressed to Ms Jones and ‘any other occupier’, as did another mortgagee also entitled to possession. The tenant’s solicitors requested that no further action be taken for two months. The other mortgagee agreed, but GMAC did not. The tenant applied to be joined as second defendant and for an order that the execution of the warrant be postponed for two months under s.1(4) of the Mortgage Repossession (Protection of Tenants) Act.