‘The claimants had obtained judgment against the defendants and an interim charging order had been made against the defendants’ interest in a freehold house. The claimants sought an order that the charging order be made final. The interest charged arose under a contract of sale dated 9 January 2019 pursuant to which the defendants had contracted to purchase the property and occupied it pursuant to an AST pending completion. The sale had never completed. The freeholder/vendor (being the third-party in the proceedings) had served a notice to complete back in 2019. It was not complied with but the vendor did not rescind the contract. The defendants remained in possession paying rent under the AST. A deed of variation extending the date for completing was discussed but never finalised. In July 2024, after the interim charging order was made, the vendor wrote to the defendants purporting to rescind the contract.’
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Gatehouse Chambers, 20th December 2024
Source: gatehouselaw.co.uk