Dwelling-house subject to mortgageN.I.
31.—(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[F1 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[F1 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[F1, civil partner, former civil partner], cohabitee or former cohabitee.