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Paragraph

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

The dwelling-house is subject to a mortgage F1granted before the beginning of the tenancy and—

(a)

the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the M1Law of Property Act 1925; and

(b)

the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power; F2and

(c)

either notice was given as mentioned in Ground 1 above or the court is satisfied that it is just and equitable to dispense with the requirement of notice;

and for the purposes of this ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly.

Annotations

Textual amendments

F1

Words in Sch. 2 Ground 2 para. (a) omitted (1.5.2026 for specified purposes) by virtue of Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 1 para. 5(a) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(b)

F2

Sch. 2 Ground 2 para. (c) and word omitted (1.5.2026 for specified purposes) by virtue of Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 1 para. 5(b) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(b)

Marginal citations

M1

1925 c. 20.