Possessive behaviour

Article Abstract:

A case heard in the UK Court of Appeal concerned the plaintiffs, Ropaigealach, who had fallen into arrears on a mortgage, for a residential property, they had taken out with Barclays Bank PLC. The plaintiffs were objecting to the bank having take possession of the property without a court order. Barclays proceeded to sell the property. The court found the Administration of Justice Acts 1970 and 1973 had not dealt adequately with the question. Therefore the court could not prevent the mortgagee's actions unless possession proceeding had been instigated.

Other Justice, Public Order, and Safety Activities, Civil Law NEC, Cases, Civil law, Parties to actions, Repossession, United Kingdom. Court of Appeal, Barclays Bank PLC (Abu Dhabi), Ropaigealach

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Break provisions in a lease

Article Abstract:

A tenant has the right to break their lease while their tenancy is being held, because it is stipulated in the lease agreement by the use of a clause which personally addresses the tenant. This right has been challenged in the case of Max Factor Ltd verses Wesleyan Assurance Society, 1995 41 EG 146. The conclusion of the ruling judge was that the right to break was specified adequately in the lease, and was limited to that of the original tenant, that is, Max Factor.

Leases

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Relieving the hardship

Article Abstract:

Two legal cases are presented in which a tenant is in breach of covenant for reasons other than non-payment and the landlord applies for forfeiture. Relief from the forfeiture is influenced by the size of loss to the tenant.

Tenants, Landlord and tenant, Landlord-tenant relations, Forfeiture

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