21 Actions for recovery of land and actions where title is in question.E+W
(1)[F1The county court] shall have jurisdiction to hear and determine any action for the recovery of land F2 . . ..
(2)[F1The county court] shall have jurisdiction to hear and determine any action in which the title to any hereditament comes in question, F3 . . .
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where a mortgage of land consists of or includes a dwelling-house and no part of the land is situated in Greater London then, subject to subsection (4), if [F4the county court] has jurisdiction by virtue of this section to hear and determine an action in which the mortgagee under that mortgage claims possession of the mortgaged property, no court other than [F4the county court] shall have jurisdiction to hear and determine that action.
(4)Subsection (3) shall not apply to an action for foreclosure or sale in which a claim for possession of the mortgaged property is also made.
F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In this section—
“dwelling-house” includes any building or part of a building which is used as a dwelling;
“mortgage” includes a charge and “mortgagor” and “mortgagee” shall be construed accordingly;
“mortgagor” and “mortgagee” includes any person deriving title under the original mortgagor or mortgagee.
(8)The fact that part of the premises comprised in a dwelling-house is used as a shop or office or for business, trade or professional purposes shall not prevent the dwelling-house from being a dwelling-house for the purposes of this section.
(9)This section does not apply to a mortgage securing an agreement which is a regulated agreement within the meaning of the M1Consumer Credit Act 1974.
Textual Amendments
F1Words in ss. 15-25 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2Words in s. 21(1) repealed by S.I. 1991/724, art. 2(8), Schedule PartI
F3Words in s. 21(2) and s. 21(2)(a)(b) repealed by S.I. 1991/724, art. 2(8) Schedule, PartI
F4Words in ss. 15-25 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5S. 21(5)(6) repealed by S.I. 1991/724, art. 2(8), Schedule PartI
Modifications etc. (not altering text)
C1Ss. 21, 22 amended by S.I. 1990/776, art. 4(1)(g)(2)
S. 21 extended by S.I. 1991/724, art. 2(1)(l)
Marginal Citations