(1)Subject to subsection (2) below, a mortgage which falls within section 129(1)(a) of this Act . . . F1 is a regulated mortgage if—
(a)it is a legal mortgage of land consisting of or including a dwelling-house which is let on or subject to a regulated tenancy, and
(b)the regulated tenancy is binding on the mortgagee.
(2)Notwithstanding that a mortgage falls within subsection (1) above, it is not a regulated mortgage if—
(a)the rateable value on the appropriate day of the dwelling-house which falls within subsection (1)(a) above or, if there is more than one such dwelling-house comprised in the mortgage, the aggregate of the rateable values of those dwelling-houses on the appropriate day is less than one-tenth of the rateable value on the appropriate day of the whole of the land comprised in the mortgage, or
(b)the mortgagor is in breach of covenant, but for this purpose a breach of the covenant for the repayment of the principal money otherwise than by instalments shall be disregarded.
(3)Subsection (2)(a) above shall have effect, in the M1case of land consisting of or including a dwelling-house which on 22nd March 1973 was subject to a tenancy which became a regulated tenancy by virtue of section 14 of the Counter-Inflation Act 1973, as if for the reference to the appropriate day there were substituted a reference to 7th March 1973.
(4)In this section “legal mortgage” includes a charge by way of legal mortgage.
(5)Any reference in this Part of this Act to a regulated mortgage shall be construed in accordance with this section.