Mortgage repossessions

The Mortgage Repossessions (Protection of Tenants etc) Act 2010 (Commencement) Order 2010 brings
The Mortgage Repossessions (Protection of Tenants etc) Act 2010 into force on October 1, 2010.

This Act protects residential tenants of repossessed properties where a borrower had let the property without having obtained the lender’s consent. In such circumstances, the Act allows a district judge to delay repossession of the property for up to two months, to give the tenant time to relocate.

Under section 1, if a mortgagee, under a mortgage of land which consists of or includes a dwelling-house brings an action (other than an action for foreclosure) in which the mortgagee claims possession of the mortgaged property, and there is an unauthorised tenancy of all or part of the property, then when making an order for possession, the court may, on the application of the tenant, postpone the date for delivery of possession for a period not exceeding two months. Further, a tenant may apply to court to postpone the execution of a possession order for an equivalent period. Section 2 of the Act prevents the execution of an order for possession without notice first have been served at the property.