Supreme Court Rules 2000

An application by a mortgagee under section 146(1) of the Land Titles Act 1980 for delivery of possession by a mortgagor is to – include a schedule setting out so much of the following information as is known and applicable:the address of the relevant land; the title reference of that land; the date of, parties to, and registered number of, the mortgage; the amount claimed to be due under the mortgage and particulars of how that amount is calculated; the daily amount of interest accruing under the mortgage; the costs of the application as set out in Part 5 of Schedule 1; and be supported by an affidavit.

The affidavit is to – show the circumstances under which the right to possession arises; and give particulars, to the best of the mortgagee's knowledge, of every person in possession of the mortgaged property; and if the mortgage or charge creates a tenancy other than a tenancy at will between the mortgagee and mortgagor, show – how and when the tenancy was determined; and in the case of a determination by service of notice, when the notice was served; and have as an exhibit a copy of the mortgage or charge.