Fred Perry v Genis [2014]

Facts

  • A┬áchargee (creditor) sought to have a property sold where a husband had defaulted on 3 charges
  • The husband was the sole legal owner of the house
  • The husband’s wife, living with 2 children who each went to specialist Jewish schools in the immediate area, had registered┬áher rights to live securely in the property under section 30 of the Family Law Act 1996

Issue

  • Could the house be sold?

Decision

  • Yes

Reasoning

  • As the house was held beneficially for both the husband and wife, only section 14 of the Trusts of Land and Appointment of Trustees Act 1996 could provide an order for sale
  • Section 14 would allow a sale order as: the chargee had no alternative way to recover debts owed; giving precedence to Family Law Act rights would create an anomaly in the law and the case law seemed to suggest that the financial interests of creditors took priority where no prospect of recovery could be found
RELATED CASE  Bruton v London & Quadrant Housing Trust [2000]

Posted in Land Law Revision Notes.

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