Section 54 Dwelling-house subject to mortgage.
England and Wales
In determining for the purposes of this Part whether a person is entitled to occupy a dwelling-house by virtue of an estate or interest, any right to possession of the dwelling-house conferred on a mortgagee of the dwelling-house under or by virtue of his mortgage is to be disregarded.
Subsection (1) applies whether or not the mortgagee is in possession.
Where a person ( “A”) is entitled to occupy a dwelling-house by virtue of an estate or interest, a connected person does not by virtue of—
any F1home rights conferred by section 30, or
any rights conferred by an order under section 35 or 36,
have any larger right against the mortgagee to occupy the dwelling-house than A has by virtue of his estate or interest and of any contract with the mortgagee.
Subsection (3) does not apply, in the case of home rights, if under section 31 those rights are a charge, affecting the mortgagee, on the estate or interest mortgaged.
In this section “connected person”, in relation to any person, means that person’s spouse, former spouse F2, civil partner, former civil partner, cohabitant or former cohabitant.
Annotations
Textual amendments
- F1
Words in s. 54(3)(a)(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 12(1)(2); S.I. 2005/3175, art. 2(1), Sch. 1
- F2
Words in s. 54(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 12(1)(3); S.I. 2005/3175, art. 2(1), Sch. 1
Notes on Part IV
Modifications
- C1
Pt. 4 modified (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 25(2); S.I. 2005/3175, art. 2(1), Sch. 1