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

Made13th July 2010

Laid before Parliament19th July 2010

Coming into force1st October 2010

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) to (5) of the Mortgage Repossessions (Protection of Tenants etc) Act 20101 (“the Act”).

The Lord Chancellor has consented to the making of these Regulations.

Citation and commencement1

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 order4

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 notice5

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 ShappsMinister of StateDepartment for Communities and Local Government12th July 2010

The Lord Chancellor consents to the making of these Regulations.

Jonathan DjanoglyParliamentary Under Secretary of StateMinistry of Justice13th July 2010

SCHEDULE

Regulation 4

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Mortgage Repossessions (Protection of Tenants etc) Act 2010 (“the Act”) empowers the Secretary of State to make Regulations providing for the giving of notice of execution of possession orders by mortgagees in relation to dwelling houses. These Regulations, which extend to England and Wales, provide for a notice of execution of possession order to be given at all residential properties where the mortgage lender (“the mortgagee”) is seeking to execute a possession order against the borrower.

Regulation 2 specifies that the prescribed step for the purposes of section 2(2)(a) of the Act is the making, by the mortgagee, of an application to the court for a warrant for possession of the mortgaged dwelling house. Regulation 3 prescribes a period of fourteen days after the mortgagee has given notice of this step at the premises, during which the possession order may not be executed (see section 2(2)(b) of the Act).

Regulation 4 introduces the Schedule to the Regulations which prescribes a form for the purposes of giving notice at the property. Regulation 5 prescribes acceptable methods of giving the notice of execution of the possession order.

An impact assessment has been prepared in respect of the Act. It has been deposited in the Library of each House of Parliament and is available from the Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DU or email kirstin.blagden@communities.gsi.gov.uk.