National Provincial Building Society v Ahmed
National Provincial Building Society v Ahmed
- 1995
- Estates Gazette (1995) 38 EG 138-141(4) .
CA 5 May 1995. In 1987 the plaintiff (N) advanced the defendant (A) £40,000 to purchase the lease of a flat secured by a legal charge. A defaulted in repayments and in November 1992 consented to a suspended order for possession. In March 1994 A vacated the property owing N £6,811. N applied for a warrant for possession and A applied to the county court to set aside the suspended possession order and the warrant. In October 1994, N sold the flat with vacant possession to a purchaser. On 2 November 1994 the county court set aside the possession order and granted a new suspended possession order - ordering that A be readmitted into possession. N appealed. Appeal allowed.
DESIGNATED SALES POLICY
LEASES
MORTGAGES
NATIONAL PROVINCIAL BUILDING SOCIETY V AHMED
POSSESSION ORDER
CA 5 May 1995. In 1987 the plaintiff (N) advanced the defendant (A) £40,000 to purchase the lease of a flat secured by a legal charge. A defaulted in repayments and in November 1992 consented to a suspended order for possession. In March 1994 A vacated the property owing N £6,811. N applied for a warrant for possession and A applied to the county court to set aside the suspended possession order and the warrant. In October 1994, N sold the flat with vacant possession to a purchaser. On 2 November 1994 the county court set aside the possession order and granted a new suspended possession order - ordering that A be readmitted into possession. N appealed. Appeal allowed.
DESIGNATED SALES POLICY
LEASES
MORTGAGES
NATIONAL PROVINCIAL BUILDING SOCIETY V AHMED
POSSESSION ORDER