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http://www.legislation.gov.uk/ukpga/1977/45
Part II
Offences Relating to Entering and Remaining on Property
6
Violence for securing entry.
(1)
Subject to the following provisions of this section, any person who, without lawful authority, uses or threatens violence for the purpose of securing entry into any premises for himself or for any other person is guilty of an offence, provided that—
(a)
there is someone present on those premises at the time who is opposed to the entry which the violence is intended to secure; and
(b)
the person using or threatening the violence knows that that is the case.
Fisher & lightwoods Law of mortgages
13th edition p588 590
29.9 If physical procession is to be taken it must be taken peaceably.
If violence is used to secure entry, the mortgagee may be liable to prosecution under criminal law, although the mortgagor will have no civil remedy against the mortgagee.
Violence need not only be against the person but also be in the manor of entry, as by breaking open the doors of a house; save where the mortgagor consents to the mortgagee taking actual possession, which will be rare.
The occasions where taking physical possession of the property will be rare and generally only possible where the mortgagor has abandoned the property.
Only HMRC can forcibly enter a property.
The EX69, which is not statutary, must be signed by the Bank 3 days before eviction if not the Judge is liable and the eviction must be canceled.
Part II
Offences Relating to Entering and Remaining on Property
6
Violence for securing entry.
(1)
Subject to the following provisions of this section, any person who, without lawful authority, uses or threatens violence for the purpose of securing entry into any premises for himself or for any other person is guilty of an offence, provided that—
(a)
there is someone present on those premises at the time who is opposed to the entry which the violence is intended to secure; and
(b)
the person using or threatening the violence knows that that is the case.
Fisher & lightwoods Law of mortgages
13th edition p588 590
29.9 If physical procession is to be taken it must be taken peaceably.
If violence is used to secure entry, the mortgagee may be liable to prosecution under criminal law, although the mortgagor will have no civil remedy against the mortgagee.
Violence need not only be against the person but also be in the manor of entry, as by breaking open the doors of a house; save where the mortgagor consents to the mortgagee taking actual possession, which will be rare.
The occasions where taking physical possession of the property will be rare and generally only possible where the mortgagor has abandoned the property.
Only HMRC can forcibly enter a property.
The EX69, which is not statutary, must be signed by the Bank 3 days before eviction if not the Judge is liable and the eviction must be canceled.
