Archive for April 2006
We have recently had a fairly sensible case on section 21 notices, where the Court of Appeal has squashed an attempt by a tenant to wriggle out of getting evicted by claiming that the notice was defective.
This was a situation where the fixed term of the tenancy had expired and the landlord was having to [...]
The Respondent mortgagor had affirmed the existence of a mortgage in faqvour of the Appellant bank. Despite this the court at first instance and the Court of Appela held that it would not be inequitable for to allow her to assert that the mortgage should be set aside on the ground of misrepresentation.
A mother and son jointly owned a property. They obtained a second mortgage from the Appellant in order to find the son’s business. The mother was unable to read English and did not have the document explained to her. The bank sought possession of the property after default in meeting the mortgage repayments. It was held first that the trial judge had been entitled to have inferred from the circumstances that the son’s involvement was only nominal and that the beneficial interest in the property was held by the mother. He was also entitled to conclude that there was a presumption of undue influence between the mother and son as she was vulnerable and was unable to read English and had limited understanding of the language.
The Appellant tenant successfully appealed against a decision giving damages to the Respondent landlord for trespass and breach of covenant as the tenant had converted loft space which the landlord claimed was not part of the tenant’s demise. On appeal it was held that the case for an order for rectification was established but even if that was wrong, the landlord was estopped from denying the loft to be subject to the lease as no complaint about the conversion works had been made for years.
A consent order which settled a dispute between the parties in their relationship as landlord and tenant did not do so with regard to their relationship as company and shareholder as there was a practical distinction between the two.