amend the Law of Property Act 1925 to require a mortgagee to obtain the
court’s permission before exercising the power of sale, where the mortgaged
land consists of or includes a dwelling-house; to make certain powers
available to the court in actions by mortgagees for possession of a dwelling-
house; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Amendment of the Law of Property Act 1925
In section 101 of the Law of Property Act 1925 (c. 20), after subsection (1A)
Where the mortgage is a mortgage of land which consists of or includes
a dwelling-house, subsection (1)(i) is subject to the mortgagee applying
to the court for permission to exercise the power of sale.
On an application by the mortgagee under subsection (1B), the court
may exercise any of the powers conferred on it by subsection (1D)
below if it appears to the court that in the event of its exercising the
power the mortgagor is likely to be able within a reasonable period to
pay any sums due under the mortgage or to remedy a default
consisting of a breach of any other obligation arising under or by virtue
may adjourn the proceedings, or
on giving judgment, or making an order, for sale of the
mortgaged property, or at any time before the execution of such
stay or suspend execution of the judgment or order, or
postpone the date of sale
for such period or periods as the court thinks reasonable.
Any such adjournment, stay, suspension or postponement as is
referred to in subsection (1D) above may be made subject to such
conditions with regard to payment by the mortgagor of any sum
secured by the mortgage or the remedying of any default as the court
The court may from time to time vary or revoke any condition imposed
by virtue of this section.”
This Act may be cited as the Home Repossession (Protection) Act 2009.
This Act extends to England and Wales only.