Civil Judgments Enforcement Act 2004

With the written consent of the judgment creditor, the sheriff may permit the judgment debtor to sell or mortgage the judgment debtor’s saleable interest in any real property to which a property (seizure and sale) order applies.

The sheriff’s permit must —

be in writing; and

require the amount of any deposit paid in respect of any sale of the interest to be paid to the sheriff to be held by the sheriff as stakeholder; and

state the minimum amount (including any such deposit) that must be paid to the sheriff out of the money realised from any sale or mortgage of the interest; and

state the date on which the permit expires; and

contain any other information that is prescribed by the regulations.

The sheriff’s permit may include any conditions that the sheriff considers necessary.

While the sheriff’s permit is in force, the sheriff must not sell the saleable interest under the property (seizure and sale) order.

If while the sheriff’s permit is in force —

the judgment debtor sells or mortgages the interest; and

in the case of a sale, the amount of any deposit paid is paid to the sheriff in accordance with the permit; and

in any case, either —

an amount not less than the minimum amount stated in the permit is paid to the sheriff; or

with the sheriff’s consent, an amount less than the minimum amount stated in the permit is paid to the sheriff,

any liability of the purchaser or mortgagee to pay the judgment debtor the money paid to the sheriff is extinguished; and

the sheriff must consent to the registration under the Transfer of Land Act 1893 or the Registration of Deeds Act 1856 of any documents that relate to the sale or mortgage; and

the sheriff must apply the money received in accordance with section 72 as if they were the proceeds of a sale under the order.