United Dominion Trust Ltd v Shellpoint Trustees
United Dominion Trust Ltd v Shellpoint Trustees
- 1992
- Estates Gazette (1992) 39 EG 144-150(5) .
ChD 19 June 1992. In August 1987 N was assigned the lease of a flat, of which the defendant`s (S) predecessor in title, X, was the holder, for a substantial premium of which £61,000 was advanced by the plaintiff U. U was granted a charge over the lease. The lease contained a provision for payment of service charges and for forfeiture for non-payment of rent and service charges. X issued proceedings for arrears of service charges and possession of the flat against N. U was identified in the particulars of the claim as a person `who is entitled to claim relief against forfeiture` and was given notice of the proceedings. Judgement was against N and it was ordered that unless the service charge arrears and costs were paid that N should give up possession of the flat. The arrears were paid but the costs were not. X took possession of the flat in February 1990. Since then X and later S, on transfer of the reversion of the lease, have been in possession. In February 1991 U issued proceeding
COMMON LAW PROCEDURE ACT 1852 S210
COUNTY COURTS ACT 1984 S138(7)
NONPAYMENT
RELIEF FROM FORFEITURE
REPOSSESSION
SERVICE CHARGES
ChD 19 June 1992. In August 1987 N was assigned the lease of a flat, of which the defendant`s (S) predecessor in title, X, was the holder, for a substantial premium of which £61,000 was advanced by the plaintiff U. U was granted a charge over the lease. The lease contained a provision for payment of service charges and for forfeiture for non-payment of rent and service charges. X issued proceedings for arrears of service charges and possession of the flat against N. U was identified in the particulars of the claim as a person `who is entitled to claim relief against forfeiture` and was given notice of the proceedings. Judgement was against N and it was ordered that unless the service charge arrears and costs were paid that N should give up possession of the flat. The arrears were paid but the costs were not. X took possession of the flat in February 1990. Since then X and later S, on transfer of the reversion of the lease, have been in possession. In February 1991 U issued proceeding
COMMON LAW PROCEDURE ACT 1852 S210
COUNTY COURTS ACT 1984 S138(7)
NONPAYMENT
RELIEF FROM FORFEITURE
REPOSSESSION
SERVICE CHARGES