Loss of Property Rights in the home

Question 1

Four-Maids Ltd v Dudley Marshall Properties [1957] Ch 317

Answer 1

lender has right to take possession of the property right away
This case is significant in property law as it clarifies the rights of landlords in lease agreements and the conditions under which a lease can be terminated. It highlights the importance of adhering to the terms of a lease and the consequences of non-compliance.
Conclusion

The ruling in Four Maids Ltd v Dudley Marshall Properties Ltd serves as a precedent in understanding lease agreements and the enforcement of contractual obligations in property law. The case underscores the necessity for tenants to comply with lease terms to avoid termination and potential legal disputes.

Question 2

Ropaigealach v Barclays Bank [2000] QB 263

Answer 2

Lender entitled to take peaceable entry without seeking possession order
dont need to go to court- they have a common law right by peaceable entry
protects residential property to avoid intimidation and threatening practices

Question 3

Cheltenham & Gloucester Building Society v Norgan [1996] 1 WLR 343

Answer 3

‘The court should take as its starting point the full term of the mortgage and pose at the outset the question: would it be possible for the mortgagor to maintain payment off of the arrears by installments over that period?’ per Waite LJ at 353
Relevant considerations
- How much can borrower reasonably afford to pay, now and in future
- How long are temporary difficulties likely to last?
- What is the reason for the arrears? is it temporary or ongoing?
- How much remains of original term?
- What re the relevant contractual term and what type of mortgage is it (ie when is the principal debt due to be repaid)?
- Should the court exercise its power to disregard accelerated payment provisions under s.8 of AJA 1973?
- Is it reasonable to expend the lender to recoup the arrears of interest over the whole of the original term/within a shorter period or even a longer period (eg extend the repayment period? Should the interest be capitalised (eg added to the principal debt)?
- Are there any reasons affecting the security which should influence the length of the period for repayment?