SCHEDULES

SCHEDULE 2 Grounds for Possession of Dwelling-houses let on Assured Tenancies

Part I Grounds on which Court must order possession

Ground 2

The dwelling-house is subject to a mortgage granted before the beginning of the tenancy and—

a

the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the M1Law of Property Act 1925; and

b

the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power; and

c

either notice was given as mentioned in Ground 1 above or the court is satisfied that it is just and equitable to dispense with the requirement of notice;

and for the purposes of this ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly.