Loss of Property Rights

• Mortgage


  A security interest in property granted to a lender to secure repayment of a loan
• Repossession


  The process by which a lender takes possession of mortgaged property when the borrower defaults
• Administration of Justice Act 1970 s.36

  A provision allowing courts to postpone repossession if the borrower can pay off arrears within a reasonable time
• Protection from Eviction Act 1977


  Legislation providing certain protections to residential tenants against eviction
• Housing Act 1988


  The primary legislation governing residential tenancies in England and Wales
• Assured shorthold tenancy


  The default form of residential tenancy, providing limited security of tenure to tenants
• Section 21 notice


  A notice served by a landlord to terminate an assured shorthold tenancy without grounds
• Section 8 notice


  A notice served by a landlord to terminate a tenancy on specified grounds, such as rent arrears
• Forfeiture


  The right of a landlord to terminate a lease and recover possession for breach of covenant by the tenant
• Proprietary estoppel


  An equitable doctrine that prevents a person from denying rights in property where another has relied on a representation to their detriment
• Undue influence


  An equitable doctrine that allows a transaction to be set aside where a person has been subjected to improper pressure
• Clog on the equity of redemption


  A doctrine preventing a lender from fettering a borrower's right to redeem the mortgage
• Sale and rent back

  Arrangements where a homeowner sells their home and rents it back from the purchaser
• Constructive trusts


  Trusts imposed by law to prevent unjust enrichment or wrongdoing, often in the context of the family home
• Occupation rights


  Rights of certain individuals (such as spouses and civil partners) to occupy the family home, even if they do not own it
• Matrimonial Homes Act 1983 gives spouses and civil partners certain occupation rights in the family home
• Charging orders


  Court orders imposing a charge on a debtor's property to secure payment of a judgment debt
• Charging Orders Act 1979 governs the making of charging orders
• Orders for sale


  Court orders requiring the sale of co-owned property, often made in the context of relationship breakdown
• Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) gives courts powers to order the sale of co-owned property
• Bankruptcy


  A legal status that can result in the loss of property rights as assets are sold to pay creditors