AMANDA LEES v IVAN KAYE & ANOR.

AMANDA LEES v IVAN KAYE & ANOR.

The eviction and sale of the Lease were enforcement actions taken in breach of regulation 7 of the Debt Respite Scheme Regulations during a valid Mental Health Crisis Moratorium, and are therefore null and void. Damages awarded for distress and anxiety do not constitute personal injury, so the debt was not a non-eligible debt. Charging orders remain as security but cannot be enforced during the moratorium.

Parties
Applicant: Amanda Lees; First Respondent: Ivan Kaye; Second Respondent: Chelsea Dixon
Jurisdiction
England and Wales
Judgment Date
13 May 2022
Procedural Posture
Application / Judgment
Outcome
Application allowed
Legal Topics
Debt Respite Scheme, Breathing Space Moratorium, Mental Health Crisis Moratorium, Enforcement of Charging Orders, Eviction, Sale of Lease, Personal Injury Definition
Civil Procedure Property Law Mental Health Law Debt Respite Scheme Breathing Space Moratorium Mental Health Crisis Moratorium Enforcement of Charging Orders Eviction +2 more

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Parties

Amanda Lees

Applicant

Ivan Kaye

First Respondent

Chelsea Dixon

Second Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether the Mental Health Crisis Moratorium was properly registered and effective at the date of execution of the Writ of Possession
  2. 2 Whether the judgment debt was exempted from the effect of the Moratorium as a non-eligible debt by reason of damages for personal injury
  3. 3 Whether the judgment debt was excluded from the effect of the Moratorium by reason of being secured by a charging order

Ratio Decidendi

The eviction and sale of the Lease were enforcement actions taken in breach of regulation 7 of the Debt Respite Scheme Regulations during a valid Mental Health Crisis Moratorium, and are therefore null and void. Damages awarded for distress and anxiety do not constitute personal injury, so the debt was not a non-eligible debt. Charging orders remain as security but cannot be enforced during the moratorium.

Court Disposition

Application allowed

Orders

  • Declaration that the eviction and sale of the Lease were null and void
  • Order restoring the Applicant to the position before eviction and sale