F1PART 55POSSESSION CLAIMS

Annotations:
Amendments (Textual)

I–GENERAL RULES

Possession claims relating to mortgaged residential property55.10

1

This rule applies where a mortgagee seeks possession of land which consists of or includes residential property.

F32

Within 5 days of receiving notification of the date of the hearing by the court, the claimant must send a notice to—

a

the property, addressed to “the tenant or the occupier”; F7...

b

the housing department of the local authority within which the property is located F8; and

F9c

any registered proprietor (other than the claimant) of a registered charge over the property.

3

The notice referred to in F4paragraph (2)(a) must—

a

state that a possession claim for the property has started;

b

show the name and address of the claimant, the defendant and the court which issued the claim form; and

c

give details of the hearing.

F23A

The notice referred to in paragraph 2(b) must contain the information in paragraph (3) and must state the full address of the property.

4

The claimant must produce at the hearing—

a

a copy of the F5notices; and

b

evidence that F6they have been sent.

F104A

An unauthorised tenant of residential property may apply to the court for the order for possession to be suspended.