C1 Part IV Family Homes and Domestic Violence

Annotations:
Modifications etc. (not altering text)

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.