- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Landlord And Tenant, England And Wales
Made
13th July 2010
Laid before Parliament
19th July 2010
Coming into force
1st 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 2010(1) (“the Act”).
The Lord Chancellor has consented to the making of these Regulations.
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.
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.
4. The mortgagee’s notice of execution of the possession order must be in the form set out in the Schedule to these Regulations.
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
Regulation 4
(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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: