Tag Archive for 'bankruptcy'

Suspended Possession Orders and Insolvency: with benefit of transcript

By NL on 12/08/2010. 10 Comments

And as if by magic (thanks J) we have a transcript for the permission hearing judgment in Godfrey v A2 Dominion [2010] EWCA Civ 941, following our earlier note here.

Brief facts – the assured tenant ran up rent arrears. A2 began possession proceedings. Before hearing, the Official Receiver made a “debt relief order” in respect of T, within the meaning of Part 7A of the Insolvency Act 1986, as amended. That order included the rent arrears.

At hearing of the possession claim the DJ made an SPO on terms of rent plus £5 pw towards the arrears, apparently, or impliedly, refusing to stay the proceedings as per s.251(3) … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All and Possession. Tags: , , .

Bankruptcy and possession – permission granted

By NL on 11/08/2010. 7 Comments

North British Housing v Sharples [2010] EWCA Civ 539 [Not on Bailii or Lawtel]

This is the second permission to appeal hearing on this topic that we have reported recently, after Godfrey v A2 Dominion (on which we are still seeking more detail). Sadly the transcript of the judgment in this renewed application for permission hearing is also short of detail, but it does set out the issue on appeal. More information on this case would also be gratefully received if anyone from Glaisyers (or Jan Luba QC) are reading.

The issue is whether possession proceedings are a ‘remedy against the person or the property of the bankrupt in respect … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All and Possession. Tags: , .

Suspended possession orders and insolvency: request for info

By NL on 30/07/2010. 2 Comments

We’ve been told that on 29 July 2010, the tenant appellant in Godfrey v A2 Dominion North Ltd was granted permission to appeal. Quite what permission has been given is less clear – our source says Court of Appeal, but the case was elsewhere listed as being before a High Court judge. Can anyone clear this up?

[Edit: confirmed by Hardwicke Chambers as being Court of Appeal, permission by Rimer LJ]

What is at issue is whether a suspended possession order should be made when the rent arrears have been included in a debt relief order pursuant to the Insolvency Act.

The tenant apparently argued that “a ‘remedy in regard … Read the full post

Posted in assured-tenancy, Housing law - All, Possession, secure-tenancy and Tolerated trespasser. Tags: , , , .

Quick to the Plunder

By Francis Davey on 01/08/2009. 3 Comments

The decision of the Court of Appeal in Nationwide Building Society v Wright [2009] EWCA Civ 811 confirms that a court need not set aside a final charging order merely because the order was made at a time when the owner of the property was insolvent but had not yet been declared bankrupt.

Section 346 of the Involvency Act 1986 states:

346(1) Subject to section 285 in Chapter II (restrictions on proceedings and remedies) and to the following provisions of this section, where the creditor of any person who is adjudged bankrupt has, before the commencement of the bankruptcy –

(a) issued execution against the goods or land of that

… Read the full post

Posted in FLW case note, Housing law - All and Mortgage possession. Tags: , , .

Bankruptcy and disrepair

By NL on 09/02/2009. 4 Comments

In the end, I couldn’t resist writing this one up from the report in January 09′s LAG updates. It is a very late report and only a County Court decision, but is a) just too topical for these insolvent times and b) vaguely technically interesting.

Lambeth LBC v Grazette (Lambeth County Court 7 November 2008) was an application to revive a secure tenancy under s.85 HA 1985.

Ms Grazette was Lambeth’s secure tenant. An SPO on rent arrears was made in June 2003 and breached by Ms Grazette afterwards. In January 2005 Ms Grazette was adjudicated bankrupt, which was automatically discharged in June 2006. In 2008 Ms Grazette applied under … Read the full post

Posted in Disrepair, FLW case note, Housing law - All and secure-tenancy. Tags: , , , .
row of sheds footer image
1 pages