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Matrimonial Homes and Property Act 1981

22.  In Order 88, rule 5, the following paragraph shall be substituted for paragraph (4):—

(4) Where the plaintiff claims delivery of possession the affidavit must—

(a)give particulars of every person who to the best of the plaintiff's knowledge is in possession of the mortgaged property; and

(b)state, in the case of a dwelling house, whether—

(i)a land charge of Class F has been registered, or a notice or caution pursuant to section 2(7) of the Matrimonial Homes Act 1967 has been entered, and, if so, on whose behalf; and

(ii)he has served notice of the proceedings on the person on whose behalf the land charge is registered or the notice or caution entered..