Sonia Birdee secures 50% beneficial interest in family home for client in single owner case

25 September 2024

Sonia Birdee represented a Defendant who faced possession proceedings brought under the accelerated procedure. The claim was primarily defended on the basis that she had a 50% beneficial interest in the property, and she also argued that the s21 notice was not valid because the Landlord, her ex-partner, had not provided his name and address on the Gas Safety Certificate.

The Defendant succeeded on both arguments.

The parties began a relationship and moved to the UK to live together. Within 6 months they were engaged and 4 years later had a child together. Shortly after the child was born, a house was purchased by the claimant in his sole name for the family to live together. The Claimant said that he couldn’t put the mortgage in both names because the Defendant was not working at the time and despite promising he would several times after that, he did not subsequently add her to the mortgage.

After the Claimant had an affair and left, he persuaded the Defendant to sign a tenancy agreement saying she could thereby get benefits and afford to take over the mortgage payments.

A beneficial interest was established on the facts which supported an express common intention between the parties that the property would be shared between herself and her partner. Even if that had not been the case, the Defendant satisfied the court that she had paid over 50% of the loan secured to pay the deposit and had therefore both contributed to the purchase price and acted to her detriment (Oxley v Hiscock[2007] UKHL 17, [2007] 2 AC 432).

The mortgage arrangement was found to support this finding (Eves v Eves[1975] 1 WLR 1338,Grant v Edwards[1986] Ch 638).

The court declared that the Defendant had a 50% beneficial interest on the basis of the loan repayment, contributions to bills over 8 years, housekeeping, childcare and a general mixed approach to finances.

The s21 was invalid because of the failure to provide landlord details on the gas safety certificate (Trecarrell House Limited v Rouncefield[2020] EWCA Civ 760).

Sonia Birdee was instructed by Lisa Craggs at Shelter.

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