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
any matrimonial 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 of matrimonial 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 spouse, cohabitee or former cohabitee.