United Dominions Trust Ltd v Shellpoint Trustees Ltd
Language: English Series: Estates Gazette ; 1993 35 EG 121-124(4)Publication details: 1993Subject(s): Summary: CA 19 March 1993. Appeal against a decision allowing U`s claim for relief from forfeiture in relation to a flat. S acquired the interest of the flat from Newcom Ltd in May 1988. U acted as morgagee to Mr Karimi-Nick who acquired the lease in July 1987. In 1988 an order for repossession over K`s failure to pay service charges to N. U was unaware of the order until December 1990 and commenced proceedings in February 1991 for relief from forfeiture. CA held that by its interest as mortgagee of the lease, U was an `underlessee` of the flat and was for the purposes of County Court Act 1984 s138, a `lessee` within the meaning of ss (2) (5) and (7). Having failed to apply for relief within the time limit was barred under s138(7) from obtaining relief.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS49358 (Browse shelf(Opens below)) | 1 | Available | 71002-1001 |
CA 19 March 1993. Appeal against a decision allowing U`s claim for relief from forfeiture in relation to a flat. S acquired the interest of the flat from Newcom Ltd in May 1988. U acted as morgagee to Mr Karimi-Nick who acquired the lease in July 1987. In 1988 an order for repossession over K`s failure to pay service charges to N. U was unaware of the order until December 1990 and commenced proceedings in February 1991 for relief from forfeiture. CA held that by its interest as mortgagee of the lease, U was an `underlessee` of the flat and was for the purposes of County Court Act 1984 s138, a `lessee` within the meaning of ss (2) (5) and (7). Having failed to apply for relief within the time limit was barred under s138(7) from obtaining relief.