Housing Act 1985

Sections 139 and 151.

SCHEDULE 7 Mortgage in Pursuance of Right to a Mortgage

1 The deed shall provide for repayment of the amount secured in equal instalments of principal and interest combined.

2 (1) The period over which repayment is to be made shall be—

(a) 25 years, or

(b) where the mortgagor’s interest in the dwelling-house is leashold and the term of the lease is less than 25 years, a period equal to the term of the lease,

or, at the option of the mortgagor, a shorter period.

(2) The period mentioned in sub-paragraph (1) may be extended by the mortgagee.

3 (1) The Secretary of State may by order—

(a) vary the preceding provisions of this Schedule, or

(b) prescribe additional terms to be contained in the deed,

but only in relation to deeds executed after the order comes into force.

(2) An order under this paragraph—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4 The deed may contain such other provisions as may be—

(a) agreed between the mortgagor and the mortgagee, or

(b) determined by the county court to be reasonably required by the mortgagor or the mortgagee.