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
- Social considerations may also factor in a court’s discretion under s 91(2)
- The discretion was only subject to a requirement of fairness, as said by Palk v Mortgage Services Funding Plc [1993]
- Opinion: this case goes against Palk v Mortgage Services Funding Plc [1993] as s 91(2) was used in non-exceptional circumstances
