The Civil Procedure Rules 1998

Mortgage possession claims

Rule 15A—(1) After the issue of the claim form in a mortgage possession claim the claimant shall not less than 14 days before the hearing send to the address of the property sought to be recovered a notice addressed to the occupiers which—

(a) states that possession proceedings have been commenced in respect of the property;

(b) shows the name and address of the claimant, of the defendant and of the court which issued the claim form; and

(c) gives details of the case number and of the hearing date.

(2) The claimant shall either—

(a) not less than 14 days before the hearing, file a certificate stating that a notice has been sent in accordance with paragraph (1); or

(b) exhibit the notice to any witness statement or affidavit used at the hearing.

(3) In this rule “mortgage possession claim” means a claim in which the claimant claims as mortgagee possession of land which consists of or includes a dwelling-house and “mortgage” has the same meaning as in Order 6, rule 5 (8).