2104804
Description
Flashcards by Sarah King, updated more than 1 year ago
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Created by Sarah King
about 9 years ago
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| Question | Answer |
| Abbey National v Mewton | D's poor payment record can be considered as evidence that D is unlikely to clear arrears within a reasonable period of time. |
| Cheltenham & Gloucester Building Society v. Norgan | 'within a reasonable period of time' - starting point is the entire remaining term of the mortgage |
| Mortgage Services Funding plc v. Steele | Unless there is firm evidence that a sale is about to complete, the court should not normally prevent C from enforcing his legal remedy of possession |
| Cheltenham & Gloucester v. Krausz and another | Where the proceeds of sale will not discharge the mortgage debt (negative equity), S.36 does not allow the court to suspend the possession order to allow D to sell (unless D can show other funds to make up shortfall) |
| Habib Bank v. Tailor | S.8 cannot be applied to all monies charges because: No permission for D to defer payment The written demand from the bank makes the money due, so there cannot be any provision for early repayment |
| Gomba Holdings UK Ltd v. Minories Finance Ltd | An order for the payment of costs is always a discretionary one. This discretion should normally be exercised to reflect C's contractual right to all costs on indemnity basis. |
| Halifax v. Taffs | C had possession order suspended several times and then applied to have it set aside. Court refused - D had not acted promptly and had treated the order as valid by making applications to suspend it. |
| Cheltenham & Gloucester Building Society v. Grattidge and Grattidge | The court can make a money judgment suspended on the same terms as the possession order. This is not inconsistent with S.8 |
| Hammersmith and Fulham LBC v. Hill | Once a suspended possession order has been breached, enforcement can be enacted without further notice to the tenant. |
| Citibank Trust plc v. Ayivor | The existence of a counterclaim does not satisfy S.36 in showing that D will be likely to clear arrears within a reasonable period, even if the counterclaim has a reasonable prospect of success. |
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