Knight and another v Lawrence
Knight and another v Lawrence
- 1991
- Estates Gazette (1991) 01 EG 105-116(8) .
ChD 10 May 1990 Action by Mr and Mrs Knight (K) claiming against the defendant (L), damages for alleged negligence when acting as a receiver in respect of properties charged by K to the mortgagee for moneys borrowed. The negligence alleged was L`s failure to serve rent review notices on the tenants of the mortgaged properties within the time-limits laid down. As a result, when the mortgagees came to exercise their power of sale , the sale prices at auction were depressed because the rent al income had not increased in the absence of any rent review. K`s claim was that L as a receiver was under a duty of care to them and that he was in breach by failing to serve notices on time. ChD held that L was under such a duty and was in breach of it and had therefore been negligent.
BANKRUPTCY
CASE LAW
RECEIVERSHIP
ChD 10 May 1990 Action by Mr and Mrs Knight (K) claiming against the defendant (L), damages for alleged negligence when acting as a receiver in respect of properties charged by K to the mortgagee for moneys borrowed. The negligence alleged was L`s failure to serve rent review notices on the tenants of the mortgaged properties within the time-limits laid down. As a result, when the mortgagees came to exercise their power of sale , the sale prices at auction were depressed because the rent al income had not increased in the absence of any rent review. K`s claim was that L as a receiver was under a duty of care to them and that he was in breach by failing to serve notices on time. ChD held that L was under such a duty and was in breach of it and had therefore been negligent.
BANKRUPTCY
CASE LAW
RECEIVERSHIP