Explanatory note

The Mortgage Repossessions (Protection of Tenants etc) Act 2010 (“the Act”) empowers the Secretary of State to make Regulations providing for the giving of notice of execution of possession orders by mortgagees in relation to dwelling houses. These Regulations, which extend to England and Wales, provide for a notice of execution of possession order to be given at all residential properties where the mortgage lender (“the mortgagee”) is seeking to execute a possession order against the borrower.

Regulation 2 specifies that the prescribed step for the purposes of section 2(2)(a) of the Act is the making, by the mortgagee, of an application to the court for a warrant for possession of the mortgaged dwelling house. Regulation 3 prescribes a period of fourteen days after the mortgagee has given notice of this step at the premises, during which the possession order may not be executed (see section 2(2)(b) of the Act).

Regulation 4 introduces the Schedule to the Regulations which prescribes a form for the purposes of giving notice at the property. Regulation 5 prescribes acceptable methods of giving the notice of execution of the possession order.

An impact assessment has been prepared in respect of the Act. It has been deposited in the Library of each House of Parliament and is available from the Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DU or email [email protected].