HASLEMERE’S Keats estate and letting agents have welcomed a landmark ruling from the Supreme Court in a high-profile case, McDonald vs McDonald.
The case centred on a possession claim served on Miss McDonald, who rented a house from her parents.
In order to finance the purchase of a home for their daughter who had mental health issues, the parents took out a loan which was to be repaid over an eight-year term from housing benefit payments.
Due to a change in their financial circumstances, however, the parents failed to maintain the interest repayments, so the lender appointed an administrator.
The tenant however was allowed to remain in the property and it was only once the eight-year term came to an end that the Receiver sought and was granted possession.
Miss McDonald challenged the possession order under article eight in the European Convention on Human Rights, arguing that being ordered to leave the property breached her right to a private and family life.
Having failed to win her case in the lower courts, the Supreme Court then upheld the original ruling.
Keats Letting director Rita Tinney said: “The judgement from The Supreme Court will come as a tremendous relief to landlords and mortgage lenders seeking possession under the current ‘no fault’ section 21 procedure.
“Had the decision gone in favour of Miss McDonald, confidence in the private rental sector from both lenders and investors would have been severely dented.”





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