Tag Archive for 'insolvency'

Short of Money but Not Short of Rent

By David Smith on 19/07/2011. 21 Comments

Christina Sharples v Places for People Homes Ltd, Stephen Godfrey v A2 Dominion Homes Ltd [2011] EWCA Civ 813

This is actually two appeals which deal with an important question about insolvency and bankruptcy and whether monies that form part of the bankruptcy can be counted as arrears of rent for the purposes of obtaining possession.

Facts
Both Ms Sharples and Mr Godrey were assured tenants of their respective landlords and both were in arrears of rent. Ms S had possesion proceedings commenced against her but these were adjourned generally on condition she made monthly payments. She failed to do so but then declared bankruptcy prior to the reinstated proceedings … Read the full post

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

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: , , .

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: , , .
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