4 Notices to debtors, proprietors and occupiersS

(1)After section 19 of the 1970 Act there is inserted—

“19A Notice to occupier of calling-up

(1)Where a creditor in a standard security over an interest in land used to any extent for residential purposes serves a calling-up notice, he shall serve a notice in conformity with Form BB (notice to occupier) of Schedule 6 to this Act together with a copy of the calling-up notice.

(2)Notices under subsection (1) above shall be sent by recorded delivery letter addressed to “The Occupier” at the security subjects.

(3)If a creditor fails to comply with subsections (1) and (2) above, the calling-up notice shall be of no effect.”

(2)In section 21 (notice of default) of that Act, after subsection (2) there is inserted—

“(2A)Section 19A of this Act applies where the creditor serves a notice of default as it applies where he serves a calling-up notice.”

(3)In section 24 (application by creditor to court for remedies on default) of that Act, after subsection (2) there is inserted—

“(3)Where the creditor applies to the court under subsection (1) above, he shall, if the standard security is over an interest in land used to any extent for residential purposes—

(a)serve on the debtor and (where the proprietor is not the debtor) on the proprietor a notice in conformity with Form E of Schedule 6 to this Act, and

(b)serve on the occupier of the security subjects a notice in conformity with Form F of that Schedule.

(4)Notices under subsection (3) above shall be sent by recorded delivery letter addressed—

(a)in the case of a notice under subsection (3)(a), to the debtor or, as the case may be, the proprietor at his last known address,

(b)in the case of a notice under subsection (3)(b), to “The Occupier” at the security subjects.”