The Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 2002

Mortgage Actions

4.  Order 88 shall be amended as follows—

(a) by substituting for rule 4B the following new rule—

“4B.— (1) Where the plaintiff—

(a) claims in a mortgage action delivery of possession of land which comprises or includes a dwelling house, or

(b) applies for the removal or variation of a stay or suspension contained in an order for delivery of possession as a result of such a claim made in a mortgage action,

he shall, not less than four clear days before the date fixed for the first hearing of the summons or application and unless the court otherwise directs, post to or insert through the letter box at the property a sealed envelope addressed to “The Occupier” and containing a notice in Form 10C of Appendix A.

(2) Paragraph (4) of rule 4 shall apply to service of a notice under this rule as it applies to service under paragraph (2) or (3) of that rule save that a copy of the notice in Form 10C shall be attached to the certificate proving service”;

(b) by adding at the end of rule 5A the following new paragraph—

“(3) In an action to which this rule applies the court may direct an account to be taken of all incumbrances subsequent as well as prior to or contemporaneous with the plaintiff’s demand and an inquiry as to their respective priorities and the court may make an order for delivery of possession conditional on the result of such an account and inquiry.”