How can I continue to rent my house?

Questioner

Hello, I rent my uncle's house, my uncle had a brain haemorrhage 10 years ago and now lives in a residential facility. Initially I rented the house, because the housing market was so low that my uncle would suffer considerable losses when selling the house and since houses were not sold quickly at the time he also had double costs. I am my uncle's heir and see him as a second father, he lived with us for 25 years in the past. My uncle wants me to take over his house/mortgage as soon as I am able to. This can be done in a year when I have completed my education, my salary will then increase and I can buy the house. Now the residential facility has arranged a trustee for my uncle, but without consulting the family. My uncle only now sees the consequences of this, among other things, for the house. Now the trustee wants to sell the house and if I cannot buy it I have to leave according to the trustee. My uncle does not want this and of course I do not either. According to the administrator, I was not allowed to rent out the house according to the mortgage deed and this indeed appears to be true. The bank had indicated that it did not go according to the rules, but if my uncle still wanted to rent out the house, agreements had to be made about this. My uncle and I will not get this chance, because according to the administrator, the only option is to sell the house. The administrator knows that we have also filed a request with the court to revoke the administration, but he still threatens to evict me from the house through legal action. What can my uncle and I do with this? Because we don't know what to do anymore. I'd love to hear from you and thanks in advance!

Lawyer

Based on tenancy law, you have rental protection. The deed in the mortgage deed is exclusively for the benefit of the bank so that the bank does not have to accept tenants in the home in the event of a foreclosure sale, which would result in a lower sales proceeds. However, even an appeal by the bank to the rental clause can be rejected in appropriate cases if the sales proceeds of the home in rented condition are sufficient to pay the debt to the bank. I doubt whether an appeal to this rental clause by the administrator will be granted by the court. I suspect that the administrator will require judicial permission to sell the property; this will be particularly the case if the sale does not have the owner's consent.