Dwelling-house subject to mortgage
Dwelling-house subject to mortgage31.
(1)
In determining for the purposes of this Order whether a person is entitled to occupy a dwelling-house by virtue of an estate, 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)
Paragraph (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, a connected person does not by virtue of—
(a)
anyF1 home rights conferred by Article 4, or
(b)
any rights conferred by an order under Article 13 or 14,
have any larger right against the mortgagee to occupy the dwelling-house than A has by virtue of his estate and of any contract with the mortgagee.
(4)
Paragraph (3) does not apply, in the case ofF1 home rights, if under Article 5 those rights are a charge, affecting the mortgagee, on the estate mortgaged.
(5)
In this Article “connected person”, in relation to any person, means that person's spouse, former spouseF1, civil partner, former civil partner, cohabitee or former cohabitee.