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Mortgage Protection Notice Requirements Set Out

Further to our previous post on the bringing into force of the Mortgage Repossessions (Protection of Tenants etc) Act 2010 the Statutory Instrument setting out the notifications required to be given to possible tenants or occupiers of the property and the form of those notices.

The Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 requires that the mortgagee gives notice t the time they apply for a Warrant of Execution to instruct the County Court bailiff to enforce a possession order. When doing so they must also send a notice to the property by first class post or by hand delivery or personal service addressed either to the tenant in their own name or to “The Tenant or Occupier”. The form of this notice is set out in detail and it specifies all the details of the Court who will be dealing with the matter and the details of the mortgagee who is seeking possession. It also spells out the tenant’s new rights under the Act to ask for a stay of 2 months in the execution of the warrant and the process by which this is to be done.

This is a welcome development in ensuring the increased protection of tenants. It is a shame that it has taken so long to implement after so many tenants have suffered short notice evictions due to landlords not seeking mortgagee consent for their letting and then failing to pay the mortgage.

How much use a two month delay will really be to tenants is not clear but it is certainly better than nothing.

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