The Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010

Citation and commencement

1.  These Regulations may be cited as the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 and come into force on 1st October 2010.

Notice of execution of possession order: prescribed step and prescribed period

2.  The prescribed step referred to in section 2(2)(a) of the Act is the mortgagee making an application to the court for a warrant for possession of the property.

3.  The prescribed period referred to in section 2(2)(b) of the Act is fourteen days.

Prescribed form of notice of execution of possession order

4.  The mortgagee’s notice of execution of the possession order must be in the form set out in the Schedule to these Regulations.

Manner of giving notice

5.—(1) The mortgagee’s notice under regulation 4 may be given in any of the following ways—

(a) by sending the notice to the property by first class post or registered post in an envelope addressed—

(i) to the tenant by name, or

(ii) if the tenant’s name is not known, to “The Tenant or Occupier”;

(b) by leaving the notice at the property—

(i) in an envelope addressed as described in subparagraph (a), or

(ii) affixed to and displayed in a prominent place where its contents can be read by a person entering the property; or

(c) by personal service upon a person who appears to be in residence at the property.

Signed by authority of the Secretary of State for Communities and Local Government

Grant Shapps

Minister of State

Department for Communities and Local Government

12th July 2010

The Lord Chancellor consents to the making of these Regulations.

Jonathan Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

13th July 2010