601Application for delivery of possession

601 Application for delivery of possession

(1)  [Rule 601 Subrule (1) amended by S.R. 2000, No. 105, Applied:26 Jul 2000] [Rule 601 Subrule (1) substituted by S.R. 2018, No. 65, Applied:21 Nov 2018] An application by a mortgagee under section 146(1) of the Land Titles Act 1980 for delivery of possession by a mortgagor is to –

(a) include a schedule setting out so much of the following information as is known and applicable:

(i) the address of the relevant land;

(ii) the title reference of that land;

(iii) the date of, parties to, and registered number of, the mortgage;

(iv) the amount claimed to be due under the mortgage and particulars of how that amount is calculated;

(v) the daily amount of interest accruing under the mortgage;

(vi) the costs of the application as set out in Part 5 of Schedule 1 ; and

(b) be supported by an affidavit.

(2)  The affidavit is to –

(a) show the circumstances under which the right to possession arises; and

(b) give particulars, to the best of the mortgagee's knowledge, of every person in possession of the mortgaged property; and

(c) if the mortgage or charge creates a tenancy other than a tenancy at will between the mortgagee and mortgagor, show –

(i) how and when the tenancy was determined; and

(ii) in the case of a determination by service of notice, when the notice was served; and

(d) have as an exhibit a copy of the mortgage or charge.

(3)  .  .  .  .  .  .  .  .