Shelter victory in sale and rent back case


Housing charity Shelter are jubilant after succeeding in saving the home of Paul Amanda Jackson of Shrewsbury, where they had lived for over 20 years.

According to the BBC report, Mr and Mrs Jackson entered a sale and rent back deal with a company, Repossessions Stopped, in 2005 after getting into mortgage arrears. However two years later they faced repossession from Repossessions Stopped’s mortgage company after they fell into arrears with their mortgage payments. Apparently Repossessions Stopped (described by the Judge in this case as ‘dishonest’), had paid only £63,000 for the property, despite it having a market value of £100,000, and had assured Mr and Mrs Jackson that they could live in it for the rest of their lives.

Thankfully for them, Shelter stepped in to assist and a judge at Birmingham County Court has ruled they can stay there and pay rent. The Shelter report states that His Honour Judge Worster has ruled that the family can either revert to being owner-occupiers, or rent the property for the rest of their lives, with their daughter inheriting the tenancy.

The news reports I have seen just state the order made and not the legal reasons for them, so it will be interesting to read the report of the Judgement when it comes out.

PS There is now an excellent analysis of the legal points on the Nearly Legal web-site here.

Related posts:

  1. TRO Confidential : The case of the Emperors New Clothes
  2. Case law digest by Destin Solutions

Back to top

If you are a landlord, agent, advisor or tenant you will find more help and guidance on my main Landlord Law site. See also my online shop Your Law Store.

>> Follow this link to read our comments policy. If you have a landlord and tenant related problem please do not ask it here but use our >> Blog Clinic.

Comments close after three months.

Sorry, comments are closed for this post.




»

«
Recent posts:
Ben Reeve Lewis Friday Newsround #45

[Ben Reeve Lewis is remembering dancing days of Yore...] My beloved Frazzy is a teacher of Salsa and[more]

Five premium tenancy questions answered

What is a premium tenancy? How does it tie in with deposits and payment of rent? I answer five que[more]

Five ways for landlords to protect properties against fraudsters and criminals

Landlords need to be constantly vigilant as criminals are out there and targeting properties like y[more]

Is the landlord obliged to rehouse this tenant?

If a property is due to be demolished before the end of the fixed term, where does that leave the te[more]

How to interpret this confusing break clause?

Break clauses can be difficult to interpret and this is an example of a particularly confusing one. [more]

This week on School for Landlords I look at guarantee forms, when you should use them and how they w[more]

Can my tenants use the 3x deposits rule?

Here is a question to the blog clinic from Jay who is a landlord: Hi I protected the deposit within [more]

Landlord Law Blog roundup from 29 January

A big item of news this week was the launch of the Deposit Guard tenancy deposit scheme.  However a[more]

Can the landlord make a further deposit deduction?

Here is a question to the blog clinic from Andrew who is a tenant: I have, today, received an email [more]

Ben Reeve Lewis Friday Newsround #44

[In view of the snow, Ben Reeve Lewis has abandoned his Hawaiian shirt for a pair of slippers...[more]