C1 Part IV Family Homes and Domestic Violence
Dwelling-house subject to mortgage
54 Dwelling-house subject to mortgage.
1
In determining for the purposes of this Part whether a person is entitled to occupy a dwelling-house by virtue of an estate or interest, any right to possession of the dwelling-house conferred on a mortgagee of the dwelling-house under or by virtue of his mortgage is to be disregarded.
2
Subsection (1) applies whether or not the mortgagee is in possession.
3
Where a person ( “A”) is entitled to occupy a dwelling-house by virtue of an estate or interest, a connected person does not by virtue of—
a
any F1home rights conferred by section 30, or
b
any rights conferred by an order under section 35 or 36,
have any larger right against the mortgagee to occupy the dwelling-house than A has by virtue of his estate or interest and of any contract with the mortgagee.
4
Subsection (3) does not apply, in the case of F1home rights, if under section 31 those rights are a charge, affecting the mortgagee, on the estate or interest mortgaged.
5
In this section “connected person”, in relation to any person, means that person’s spouse, former spouse F2, civil partner, former civil partner, cohabitant or former cohabitant.
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