Loss of property rights

Repossession problem question

Provision protecting an overriding interest of a person in actual occupation?

Sch 3. para 2. Land Registration Act 2002.

Ropaigealach

Mortgagee has a common law right to take possession by peaceable entry without seeking a possession order from the Court.

Cheltenham v Norgan

The starting point for determining the reasonable period under s36 AJA 1970 is the full term of the mortgage.

What can affect court consideration during repossession?

The market value of the property

Pre-action Protocol for Possession Claims

Outlines the steps the court expects landlords and lenders to take before starting court action - resolve disputes outside of court

Schedule 2, Housing Act (as amended by the Renters Rights Act 2025)

Ground 8 - 3 months/13 weeks arrears = mandatory possession order (4 weeks notice).
Ground 10 - Any arrears = discretionary (4 weeks notice)
Ground 11 - Any delayed arrears = discretionary (4 weeks notice).

Bank of Scotland v Zinda

Paying monthly installments + a lump sum towars arrears suspends a possession order, it does not invalidate the original order entirely

Four-Maids

The mortgagee 'may go into possession before the ink is dry on the mortgage' (their possession right is exercisable until full repayment).

A mortgage must be made using a deed

s.52 of the Law of Property Act 1925

A tenancy must be registered

s.27 of the Land Registration Act 2002

Chhokar v Chhokar

Occupation is not lost by temporary absence

Link Lending v Bustard

'the permanence and continuity of presence of the person concerned, the intentions and wishes of that person, the length of absence from the property and the reason for it and the nature of the property and personal circumstances of the person ...'

Palk

Clarified the courts discretionary power under s.91 (2) of the LPA to order the sale of a mortgaged property. Balances both parties interests in the face of financial hardship. 'just and equitable'. Allows the mortgagor to sell even if the lender objects if keeping the property would manifest unfairness.