[F1(1)]Where a creditor desires to enter into possession of the lands disponed in security, and the proprietor thereof is in personal occupation of the same, or any part thereof, such proprietor shall be deemed to be an occupant without a title, and the creditor may take proceedings to eject him in all respects in the same way as if he were such occupant: Provided that this section shall not apply in any case unless such proprietor has made default in the punctual payment of the interest due under the security, or in due payment of the principal after formal requisition.
[F2(2)Proceedings under subsection (1) by a creditor in a security over land or a real right in land used to any extent for residential purposes are to be brought by summary application (regardless of whether they include a crave for any other remedy).
(3)Before making an application under subsection (1) in a case referred to in subsection (2), the creditor must comply with the pre-action requirements imposed by section 5B.]
Textual Amendments
F1S. 5(1): s. 5 renumbered as s. 5(1) (30.9.2010) by Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), ss. 3(1)(a), 17(3) (with s. 14); S.S.I. 2010/314, art. 3 (with transitional provisions and savings in S.S.I. 2010/316, arts. 4, 6)
F2S. 5(2)(3) inserted (30.9.2010) by Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), ss. 3(1)(b), 17(3) (with s. 14); S.S.I. 2010/314, art. 3 (with transitional provisions and savings in S.S.I. 2010/316, arts. 4, 6)
Modifications etc. (not altering text)
C1S. 5 modified (3.12.2001) by 2001 asp 11, s. 2(1)(b) (with s. 5); S.S.I. 2001/418, art. 2
S. 5 modified (3.12.2001) by 2001 asp 11, s. 4(4)-(6), Sch. (with s. 5); S.S.I. 2001/418, art. 2