Elyarna Alexander-David v The Mayor and Burgesses of the London Borough of Hammersmith and Fulham [electronic resource]
Elyarna Alexander-David v The Mayor and Burgesses of the London Borough of Hammersmith and Fulham [electronic resource]
- 2009
[2009] EWCA Civ 259, 1 April 2009. Concerns an attempt by Hammermith and Fulham Borough Council to take possession of a property which they had rented out to the appellant (A) when she was 16 years old, due to anti-social behaviour and non-payment of rent. A challenged the possession order on the grounds that the Law of Property Act 1925 prohibits a minor from holding a legal estate in land, and that the Trusts of Land and Appointment of Trustees Act 1996 states that an attempt to grant a legal estate to a minor operates as a declaration that the legal estate is held on trust for the minor. "Held": appeal allowed. The Council were in effect the lessor and trustee, and the service of the notice to quit on only the minor beneficiary of the trust was not sufficient to terminate the tenancy.
TRUSTS OF LAND AND APPOINTMENT OF TRUSTEES ACT 1996
ALEXANDER-DAVID V HAMMERSMITH AND FULHAM LBC
HOMELESSNESS (PRIORITY NEED FOR ACCOMMODATION) (ENGLAND) ORDER 2002
LAW OF PROPERTY ACT 1925
England and Wales--1543-
[2009] EWCA Civ 259, 1 April 2009. Concerns an attempt by Hammermith and Fulham Borough Council to take possession of a property which they had rented out to the appellant (A) when she was 16 years old, due to anti-social behaviour and non-payment of rent. A challenged the possession order on the grounds that the Law of Property Act 1925 prohibits a minor from holding a legal estate in land, and that the Trusts of Land and Appointment of Trustees Act 1996 states that an attempt to grant a legal estate to a minor operates as a declaration that the legal estate is held on trust for the minor. "Held": appeal allowed. The Council were in effect the lessor and trustee, and the service of the notice to quit on only the minor beneficiary of the trust was not sufficient to terminate the tenancy.
TRUSTS OF LAND AND APPOINTMENT OF TRUSTEES ACT 1996
ALEXANDER-DAVID V HAMMERSMITH AND FULHAM LBC
HOMELESSNESS (PRIORITY NEED FOR ACCOMMODATION) (ENGLAND) ORDER 2002
LAW OF PROPERTY ACT 1925
England and Wales--1543-