[2025] UKUT 00189 (LC)

Section 15 of the Act provides:

“15.— Mortgage debt exceeding value of mortgaged land.

(1)

If the value of any such mortgaged land is less than the principal, interest and costs secured on the land, the value of the land, or the compensation to be paid by the acquiring authority in respect of the land, shall be settled by agreement between the mortgagee and the person entitled to the equity of redemption on the one part, and the acquiring authority on the other part, or, if they fail to agree, shall be determined by the Upper Tribunal.

(2)

The amount so agreed or awarded shall be paid by the acquiring authority to the mortgagee in satisfaction or part satisfaction of his mortgage debt. …”

The borrowers are the “person entitled to the equity of redemption” (i.e. the person entitled to redeem the mortgage) and their lack of engagement means that the compensation to be paid must be determined by the Tribunal under section 15(1).