Talk:Law of Property Act 1925

Untitled
Hi

Many buy to let and commercial mortgages are written under Law of Property Act 1925 (LPA) legislation.

As a debt adviser I have encountered situations where people can lose their homes without a court process as a result of the mortgage on the property they occupy being LPA rather than Administration of Justice Act 1970(AJA)where repossession can only take place after a court hearing.

The position seems anomalous. In the case of a commercial lease, I understand that repossession of the premises that are used by the lessee as a residence as well for business (e.g. a pub) must include a court hearing.

My own view is that legislation is required to ensure that repossession of owner occupied premises must include a court hearing, even where the mortgage is LPA.

Does anyone have any views on this?

Jim

82.152.255.233 (talk) 12:25, 25 January 2009 (UTC)


 * I've copied the question to the Reference_desk/Humanities. Suggest you watch for answers, there. AndyJones (talk) 19:21, 25 January 2009 (UTC)

Lord Birkenhead
This article says that the Law of Property Act 1925 was "part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925." But the F. E. Smith, 1st Earl of Birkenhead article makes clear that Birkenhead served as Lord Chancellor only from 1919 to 1922. Did he sponsor the legislation after leaving ministerial office? Was the programme of legislation introduced in or before 1922 but only passed later? Or have we just got the dates in a muddle? – Arms &amp; Hearts (talk) 01:59, 23 January 2018 (UTC)


 * According to his biographer John Campbell he was a driving force, although one wonders whether he contributed much content or whether he just latched onto ideas which were already being assembled by legal reformers, the way Napoleon did with the Napoleonic Code. My understanding is that the need to make land easier to sell had become imperative, because of Harcourt's death duties (1894), Lloyd George's land taxes in the Edwardian period and finally the slaughter of heirs who were the young officers of WW1; I think I read once that more land changed hand in England in the 1920s than in any decade since the Dissolution of the Monasteries. There was earlier legislation in 1921 and 1922, when Birkenhead was Lord Chancellor. He was India Secretary in 1924-8; the Lord Chancellor then was George Cave whose only claim to fame is that he was put up as candidate for the Chancellorship of Oxford University to stop Asquith getting it.Paulturtle (talk) 03:28, 2 May 2019 (UTC)

Unnatural Death
The Act’s changing of the law of intestate inheritance is a key part of the plot of this Dorothy Sayers detective novel. When the article is expanded, this could be mentioned along with a discussion of the changes. 213.205.242.118 (talk) 20:54, 2 December 2018 (UTC)


 * The change is already mentioned in Unnatural Death (novel). In spite of Sayers calling it "The Property Act", the Act she refers to is actually not this one but the Administration of Estates Act 1925. MichaelMaggs (talk) 23:00, 2 December 2018 (UTC)