§ Mr. DismoreTo ask the Secretary of State for the Environment, Transport and the Regions if he will make a statement concerning the case of Ropaighealachv Barclays Bank (The Times, 6 January) and the right of a mortgagor to enter a property and dispossess its owner without a court order. [69693]
§ Mr. RaynsfordIn the case of Ropaigealachv Barclays Bank plc (Times Law Report, January 6 1999) the Court of Appeal held that a mortgage lender was entitled to exercise its common law right to take possession of a mortgaged dwelling house without first obtaining a court order. The protection provided to the borrower by section 36 of the Administration of Justice Act 1970 applied only where the lender had brought an action for possession.
There are restrictions on the exercise of a mortgage East lender's common law right to take possession of a mortgaged dwelling. The right must be exercised peaceably. Use of violence would be an offence under the Criminal Law Act 1977, and the Protection from Eviction Act 1977 provides protection for tenants occupying the property.