Section 106 Termination of debtor's right to occupy landI1

(1)

Where an order is made granting a warrant for sale, the creditor may, by notice served on—

(a)

the debtor; and

(b)

any other person having a right, derived from the debtor, to occupy the land to which the warrant relates,

terminate, with effect from such day as the creditor specifies in the notice (being a day not less than 7 days after the date of service), any right of the debtor (or other person) to occupy that land.

(2)

A notice under subsection (1) above must be—

(a)

in (or as nearly as may be in) the form prescribed by Act of Sederunt; and

(b)

served on the debtor or, as the case may be, other person.

(3)

Any right of a person (other than the debtor) to occupy land which, before a notice of land attachment relating to the land was registered, would have been binding on a singular successor of the debtor is not affected by subsection (1) above.

(4)

A certificate, in (or as nearly as may be in) the form prescribed by Act of Sederunt, of service of a notice such as is mentioned in subsection (1) above may be registered.

Annotations

Commencement

I1: S. 106 partly in force; s. 106 not in force at Royal Assent see s. 227; s. 106(2)(4) in force for certain purposes at 1.4.2008 by S.S.I. 2008/115, art. 3(4), Sch. 3 (with arts. 4-6, 10)