MTF (NH) Ltd v Hevedi & Anor

The parties to these proceedings are: MTF (NH) Limited), the claimant, Havin Hevedi, the first defendant, and Chia Hevedi, the second defendant. The proceedings concern a property at 3 Endcliffe Grove Avenue, Sheffield, S10 3EJ (the Property). The first defendant as sole legal proprietor of the Property charged it by way of legal mortgage (the Mortgage) to the claimant to secure a loan to her on 23 September 2022 (the Relevant Date).

On 13 September 2024 at a joint case management hearing I made an order that there be a trial of the following preliminary issues:

the nature of the second defendant’s occupation of the Property, if any, on the Relevant Date;

whether the second defendant’s occupation of the Property, if any, on the Relevant Date would have been obvious on a reasonably careful inspection of the Property;

on the assumed basis, as accepted by the second defendant, that he registered the Property in the name of the first defendant for the purpose of disguising his claimed beneficial interest (the Alleged Interest)from, amongst others, HMRC whether the Mortgage takes priority over the Alleged Interest, notwithstanding any occupation of the Property on the Relevant Date by the second defendant.