The High Court is considering the application of the registration and licensing regime under the Housing (Wales) Act 2014, and the ability to recover possession under the Renting Homes (Wales) Act 2016, as they apply to a mortgagee. Members of Civitas Chambers’ housing team act for the Claimant and for the intervenor, Shelter Cymru.
The claim is brought by Kensington Mortgage Company (KMC) and relates to a property which is the subject of a buy to let mortgage. KMC obtained a possession order as against the mortgagor in 2022 and now wishes to obtain vacant possession of the property as against the authorised contract holders.
The claim, brought in the Chancery Division, seeks declarations as to the circumstances in which (1) a mortgagee becomes a “landlord” under both the 2014 and 2016 Act, (2) a mortgagee may rely upon a section 173 notice under the 2014 Act; and (3) whether any of the registration and licensing requirements in the 2014 Act apply.
KMC further contends that in the event that the Court is against it on some or all of its position such that it is either required to act as landlord and/or to be registered as landlord, that the same amounts to an unlawful interference with its A1P1 rights.
The claim is listed to be heard over 1 ½ days on 26 and 27 May 2026 at the Cardiff District Registry.
Owain Rhys James acts for Kensington Mortgage Company
Lucy King, Dylan Jenkins, and Zack Hayward (each of which undertook oral advocacy) act for Shelter Cymru, intervening.
