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Polonski v Lloyds Bank Mortgages [1998]


  • 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


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


  • Yes


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