Woolwich Building Society v Dickman and another
Woolwich Building Society v Dickman and another
- 1996
- All England Law Reports [1996] 3 AllER 204-214(5) .
CA 15 February 1996. D purchased a leasehold flat and granted a protected tenancy to T. On application D received a later mortgage offer from W on the mistaken understanding that D shared right of occupation with T, and conditional on T signing consent forms to postponement of their rights of occupancy in favour of those of W. When D defaulted W brought proceedings for possession. T resisted on grounds that the consent forms were ineffective and that they held a protected tenancy which prohibited such action. W`s appeal against an earlier ruling in favour of T was dismissed. Whilst T`s claim against the consent forms was invalid, they held possessional rights under their protected tenancy.
POSSESSION ORDER
PROTECTED TENANCIES
RENT ACT 1977 S98
WOOLWICH BUILDING SOCIETY V DICKMAN AND ANOTHER
CA 15 February 1996. D purchased a leasehold flat and granted a protected tenancy to T. On application D received a later mortgage offer from W on the mistaken understanding that D shared right of occupation with T, and conditional on T signing consent forms to postponement of their rights of occupancy in favour of those of W. When D defaulted W brought proceedings for possession. T resisted on grounds that the consent forms were ineffective and that they held a protected tenancy which prohibited such action. W`s appeal against an earlier ruling in favour of T was dismissed. Whilst T`s claim against the consent forms was invalid, they held possessional rights under their protected tenancy.
POSSESSION ORDER
PROTECTED TENANCIES
RENT ACT 1977 S98
WOOLWICH BUILDING SOCIETY V DICKMAN AND ANOTHER