http://www.legislation.gov.uk/ukpga/1996/27/section/56Family Law Act 1996An Act to make provision with respect to: divorce and separation; legal aid in connection with mediation in disputes relating to family matters; proceedings in cases where marriages have broken down; rights of occupation of certain domestic premises; prevention of molestation; the inclusion in certain orders under the Children Act 1989 of provisions about the occupation of a dwelling-house; the transfer of tenancies between spouses and persons who have lived together as husband and wife; and for connected purposes.1996-07-04texttext/xmlenStatute Law Database2026-03-27Expert Participation2026-03-25 Part IV561This section applies if a mortgagee of land which consists, or substantially consists, of a dwelling-house brings an action for the enforcement of his security, and at the relevant time there is—ain the case of unregistered land, a land charge of Class F registered against the person who is the estate owner at the relevant time or any person who, where the estate owner is a trustee, preceded him as trustee during the subsistence of the mortgage; orbin the case of registered land, a subsisting registration of—ia notice under section 31(10);iia notice under section 2(8) of the Matrimonial Homes Act 1983; oriiia notice or caution under section 2(7) of the Matrimonial Homes Act 1967.2If the person on whose behalf—athe land charge is registered, orbthe notice or caution is entered,is not a party to the action, the mortgagee must serve notice of the action on him.3If—aan official search has been made on behalf of the mortgagee which would disclose any land charge of Class F, notice or caution within subsection (1)(a) or (b),ba certificate of the result of the search has been issued, andcthe action is commenced within the priority period,the relevant time is the date of the certificate.4In any other case the relevant time is the time when the action is commenced.5The priority period is, for both registered and unregistered land, the period for which, in accordance with section 11(5) and (6) of the Land Charges Act 1972, a certificate on an official search operates in favour of a purchaser.1983 c. 19. 1967 c. 75. 1972 c. 61. Pt. 4 modified (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 25(2); S.I. 2005/3175, art. 2(1), Sch. 1