Possession
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Halifax plc v Trawley and another
Order for possession – Whether second defendant having overriding interest – No finding as to date of actual occupation – Court of Appeal reviewing evidence – Appeal allowed
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Taj v Ali
Tenant in arrears of rent – Landlord in breach of covenant to repair – Landlord seeking possession order – Arrears of rent reduced to take into account disrepair – Judge…
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Realkredit Danmark v Brookfield House Ltd and others
Appellant mortgagor in arrears – Judge granting respondent order for possession – Whether judge failing to properly exercise statutory discretion to extend time or vary terms of payment – Appeal…
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Bank of Baroda v Dhillon and another
Husband obtaining loan secured by way of charge – Bank obtaining possession order against husband – Wife successfully claiming overriding interest – Whether bank entitled to apply for order for…
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Mortgage Agency Services Number Two Ltd v Bal
Execution of warrant for possession – Application for reinstatement and further suspension of warrant – Judge granting application – Statutory jurisdiction to suspend ceasing upon execution of warrant – Appeal…
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Bradford & Bingley Building Society v Day and another
Building society giving loan partly secured by collateral charges granted by defendants – Plaintiff seeking to realise security – Defendants seeking to have security set aside on grounds of misrepresentation…
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Orgee v Orgee
Breakdown of family farming partnership – Son running farm alone – Father seeking to evict son – Son claiming tenancy under Agricultural Holdings Act – Judge finding no tenancy but…
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Sanctuary Housing Association v Campbell
Tenant surrendering tenancy – Tenant’s husband remaining in possession – Landlord claiming possession – Husband asserting rights bestowed by section 1(1)(a) of the Matrimonial Homes Act 1983 – Whether tenant…
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Sadiq v Hussain
Shop premises mortgaged to bank by freehold owner – Mortgage excluding statutory power of leasing – Freeholder nevertheless granting tenancy – Plaintiff taking assignment from tenant – Plaintiff sub-letting to…
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Sheffield City Council v Green
Council tenancy — Agreement forbidding keeping of pets — Tenant keeping dog in breach of agreement — Possession order granted — Tenant not attending hearing — Whether fresh evidence to…
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Hounslow London Borough Council v McBride
Landlords seeking possession order – Tenant consenting to order suspended upon terms – Breach of term of order – District judge making possession order – Whether consent order barred under…
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Onyx (UK) Ltd v Beard and others
Right to occupy premises — Exclusive possession — Premises occupied by club — Original agreement created licence — Licence terminated on one month’s notice — Whether licence or tenancy –…