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Law of Property Act 2000
80Implied obligations in mortgages
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80 Implied obligations in mortgages
(1) In every instrument of mortgage there is implied on the part of the
mortgagor the obligation that the mortgagor will pay the principal
money and interest secured according to the rate and at the times
specified in the mortgage without any deduction.
(2) In every instrument of mortgage of land there is also implied on the
part of the mortgagor the obligation that:
(a) the mortgagor will keep all buildings and other improvements
erected and made on the land in as good and substantial
repair as they were in at the date of the mortgage; and
(b) the mortgagor will permit the mortgagee, with or without
agents, to enter on the land at all convenient times until the
mortgage is redeemed to view and inspect the state of repair
of the buildings and other improvements.
(3) If a mortgage is by deed, an obligation implied by this section takes
effect as a covenant on the part of the mortgagor.
(a) applies only to the extent that a contrary intention is not
expressed in the instrument of mortgage; and
(b) has effect subject to the tenor and terms of the instrument of