Private landlords — the article 8 defence and receivers’ powers

In the recent case of McDonald and Others v McDonald, the Court of Appeal considered whether (1) an order giving a private landlord possession of a premises held on an assured shorthold tenancy would breach article 8 of the European Convention on Human Rights (ECHR) after serving a statutory notice under section 21(4) of the Housing Act 1988 and (2) whether receivers appointed by a mortgage pursuant to the terms of a legal charge were afforded powers for which there was no express provision in the mortgage terms.

In this case, a married couple borrowed money by way of mortgage from a third party (‘the funder’) in order to acquire premises. Upon purchasing the premises, the borrowers (‘the landlords’) granted, in breach of the mortgage terms, an assured shorthold tenancy agreement to their disabled daughter.

The landlord subsequently defaulted on their mortgage and, as a result, the funder appointed receivers pursuant to the terms of the mortgage. The receivers served upon the tenant a notice in their own name pursuant to section 21(4)(b) of the Housing Act 1988 and subsequently commenced possession proceedings in the name of the landlord. At the initial hearing, the County Court made an order for possession of the premises as they were required to do by statute after having satisfied themselves that the tenancy had expired and that the appropriate notice had been served…

Click on the link below to read the rest of the Walker Morris briefing.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Walker Morris

View more briefings from Walker Morris

Analysis from The Lawyer

View more analysis from The Lawyer


Kings Court
12 King Street

Turnover (£m): 42.50
No. of lawyers: 188