The online resource for UK Property Law

Limitation and shortfall

The Issue Many years ago the bank recovered possession of the house. Unfortunately much more was owed than was obtained on the sale and the bank has now come back to haunt the borrower. It wants the shortfall. More than six years have passed since the problems arose but 12 years have not. Is the bank’s claim statute barred? The main statutory provisions are contained in the Limitation Act 1980. This page looks at those provisions and the key cases…

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