Ferrera v Hardy [2013] EWHC 4164 (Ch) (02 October 2013)

Ferrera v Hardy [2013] EWHC 4164 (Ch) (02 October 2013)

It is appropriate to superimpose a trust relationship onto the agency relationship between Mr Ferrera and the landlords, making the rent monies held by Mr Ferrera as agent trust property for the landlords and not subject to the third party debt order except for the portion due to Mr Ferrera personally.

Citation
[2013] EWHC 4164 (Ch)
Parties
Claimant/respondent: Cristobal Ferrera; Defendant/appellant: Dennis Philip Hardy; Third Party/respondent: Liverpool City Council; Agent for Landlords: Emmanuel-Ebikake; Landlord: DS Adjani; Landlord: AG Adjani; Landlord: OC Adjani
Jurisdiction
England and Wales
Judgment Date
02 October 2013
Procedural Posture
Appeal / Permission to Appeal and Substantive Appeal Hearing
Outcome
Appeal dismissed; permission to appeal granted.
Legal Topics
Third Party Debt Orders, Agency Relationship, Trusts, Housing Benefit Payments
Civil Procedure Trusts and Equity Agency Law Third Party Debt Orders Agency Relationship Trusts Housing Benefit Payments

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Parties

Cristobal Ferrera

Claimant/respondent

Dennis Philip Hardy

Defendant/appellant

Liverpool City Council

Third Party/respondent

Emmanuel-Ebikake

Agent for Landlords

DS Adjani

Landlord

AG Adjani

Landlord

OC Adjani

Landlord

Procedural Posture

Appeal / Permission to Appeal and Substantive Appeal Hearing

Legal Issues

  1. 1 Whether monies paid to an agent for landlords are held as trustee or as agent
  2. 2 Whether third party debt order can attach to monies held by agent
  3. 3 Nature of relationship between agent and landlords regarding rent monies

Ratio Decidendi

It is appropriate to superimpose a trust relationship onto the agency relationship between Mr Ferrera and the landlords, making the rent monies held by Mr Ferrera as agent trust property for the landlords and not subject to the third party debt order except for the portion due to Mr Ferrera personally.

Court Disposition

Appeal dismissed; permission to appeal granted.

Orders

  • Permission to appeal granted.
  • Appeal dismissed.