Tenants of mortgagors (owner) are in a poor position UNLESS the tenancy predates the mortgage or the mortgagee gave consent in which case the mortgagee ( bank etc ) is stuck with you as in effect their tenant as your legal estate in land binds it or it is an overriding interest in registered land .
Most mortgage deeds prohibit the granting of tenancies by mortgagors without permission. If it is granted in breach of the deed , which sounds almost certain , it does not prevent the landlord being liable to you for breach of contract or trespass. The landlord will be in breach of the covenant of quiet enjoyment and can be sued as a person claiming under him , the mortgagee is evicting you .
The occupier is entitled to be given notice under the Civil Procedure Rules of eviction but not much . The difficulty in suing your landlord is that he might not be worth the candle but if there is significant equity in the property it might be possible to ask to be joined to the proceedings to make a claim against the landlord and if judgment in default is ordered obtain a charging order .
The likelihood is that this will be quite difficult at very short notice but damages for unlawful eviction are not to be sniffed at and generally are in the thousands not the hundreds. They will include for example all your expenses in getting rehoused at short notice .
I suggest you take advice from Shelter who should be able to put you in touch with specialist housing solicitors .
One thing to check however is did the mortgageee comply with Civil Procedure Rules 55.10 which requires that at least 14 days before the possession hearing the claimant must send a notice to the property addressed to the " occupiers" stating that a possesison claim has started the name and address of the parties and the court where the proceedings are to be heard and give details of the hearing .
This is the tenant's chance to find out what is happening . By the sounds of it you may have sent that to the landlord .
The problem is that vis a vis the mortgagee you are a trespasser and thus the court can't suspend the eviction date unless you have a defence ( e.g the tenancy did predate the mortgage ) . It might be possible to get them to agree to give you a bit more time but unlikely .
If you are on a lowish income you may be entitled to public funding ( Legal Aid's new name ) if not a Law Centre may be willing to assist you anyway .
There is no right not to be evicted for 2 months in this case . That refers to a landlord's obligation to give an assured shorthold tenant 2 months notice before being able to start possession proceedings .
Good luck .
