Hardy & Ors v Fowle & Anor

Hardy & Ors v Fowle & Anor

The lease was lawfully determined by notice served on the personal representatives of the deceased tenant, the lease did not take priority over the bank's legal charge, and the defendants were estopped from relying on the lease to resist possession due to their clear acknowledgment and the bank's detrimental reliance.

Parties
Claimant: Michael Daniel Worsley Hardy; Claimant: Kenneth Harrap; Claimant: National Westminster Bank PLC; Defendant: Michael Fowle; Defendant: Gail Fowle
Jurisdiction
England and Wales
Judgment Date
26 October 2007
Procedural Posture
Possession/property/banking / Judgment After Trial
Outcome
Judgment for the claimants. Defendants' counterclaim dismissed.
Legal Topics
Priority of Charges, Surrender and Determination of Leases, Estoppel, Unregistered Conveyancing, Law of Property Act Receivership
Property Law Banking Law Landlord and Tenant Priority of Charges Surrender and Determination of Leases Estoppel Unregistered Conveyancing Law of Property Act Receivership

Case Brief

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Parties

Michael Daniel Worsley Hardy

Claimant

Kenneth Harrap

Claimant

National Westminster Bank PLC

Claimant

Michael Fowle

Defendant

Gail Fowle

Defendant

Procedural Posture

Possession/property/banking / Judgment After Trial

Legal Issues

  1. 1 Whether the lease of Trelan subsisted and vested in the defendants
  2. 2 Whether the lease took priority over the bank's legal charge
  3. 3 Whether the defendants were estopped from relying on the lease to resist possession

Ratio Decidendi

The lease was lawfully determined by notice served on the personal representatives of the deceased tenant, the lease did not take priority over the bank's legal charge, and the defendants were estopped from relying on the lease to resist possession due to their clear acknowledgment and the bank's detrimental reliance.

Court Disposition

Judgment for the claimants. Defendants' counterclaim dismissed.

Orders

  • Declaration that the lease was determined no later than 29 September 2006 pursuant to valid notice.
  • Declaration that the claimants are entitled to possession of Trelan.