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.