Leasehold Reform, Housing and Urban Development Act 1993

35 Discharge of existing mortgages on transfer to nominee purchaser. E+W

(1) Subject to the provisions of Schedule 8, where any interest is acquired by the nominee purchaser in pursuance of this Chapter, the conveyance by virtue of which it is so acquired shall, as regards any mortgage to which this section applies, be effective by virtue of this section—

(a) to discharge the interest from the mortgage, and from the operation of any order made by a court for the enforcement of the mortgage, and

(b) to extinguish any term of years created for the purposes of the mortgage,

and shall do so without the persons entitled to or interested in the mortgage or in any such order or term of years becoming parties to or executing the conveyance.

(2) Subject to subsections (3) and (4), this section applies to any mortgage of the interest so acquired (however created or arising) which—

(a) is a mortgage to secure the payment of money or the performance of any other obligation by the person from whom the interest is so acquired or any other person; and

(b) is not a mortgage which would be overreached apart from this section.

(3) This section shall not apply to any such mortgage if it has been agreed between the nominee purchaser and the reversioner or (as the case may be) any other relevant landlord that the interest in question should be acquired subject to the mortgage.

(4) In this section and Schedule 8 “mortgage” includes a charge or lien; but neither this section nor that Schedule applies to a rentcharge.