2014 02 Housing

Saturday 1 March 2014

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Masih v Yousaf (CA) Ex tempore judgment, 6 February 2014 (Hallett, Davis and Floyd LJJ): validity of notice seeking possession under ground 8. M was the assured shorthold tenant of Y. Y served a notice seeking possession on M referring to ground 8 Part 1, Schedule 2 Housing Act 1988 and referring to the requirement that two months rent be outstanding at the time of service of the notice and at the time of the possession hearing. However the notice did not mirror precisely the statutory wording. The judge at first instance granted Y a possession order. The Court of Appeal dismissed M’s appeal. The notice gave M sufficient information to ascertain what she needed to do c.f. Mountain v Hastings (1993) 25 HLR 427. Transcript not yet available on line. Based on Lawtel note.

Thakker v Northern Rock (HC) Ex tempore judgment, 6 February 2014 (Simler J): failure to comply with MCOB rules not a defence to possession proceedings. NR sought a possession order against T who had defaulted on his mortgage payments. T sought to defend proceedings arguing that NR had acted in breach of the Mortgage Conduct of Business (MCOB) rules by failing to treat him fairly in respect of mortgage advances and in failing to make all reasonable attempts to resolve matters before instituting legal proceedings. At a preliminary hearing the judge at first instance rejected T’s defence on the basis that an equitable set-off could not defeat a mortgage possession claim. Simler J dismissed T’s appeal. Transcript not yet available on line. Based on Lawtel note.

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