Article 10 Possession Procedure

After Order 7, rule 15, there shall be inserted the following new rule—

“Mortgage possession actions

15A

(1)

After the issue of the summons in a mortgage possession action, the plaintiff 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 plaintiff, of the defendant and of the court which issued the summons, and

(c)

gives details of the case number and of the hearing date.

(2)

The plaintiff 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 affidavit used at the hearing.

(3)

In this rule ‘mortgage possession action’ means an action in which the plaintiff 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).”.