Polonski v Lloyds Bank Mortgages [1998]

Facts

  • A single mother living with her children lived in a mortgaged property, with payments covered by her housing benefit
  • The mother wished to move house for social reasons, including to provide her children with better education
  • The house was worth £14,000 less than the outstanding mortgage amount
  • The mortgagee refused to allow the sale, as there was no prospect of the mother being able to pay the £14,000 deficit

Issue

  • Could the mother be granted the ability to sell under s 91(2) of the Law of Property Act 1925?

Decision

  • Yes

Reasoning

RELATED CASE  Thorner v Major [2009]

Posted in Land Law Revision Notes.

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