No: FD22F00062 - [2025] EWHC 1951 (Fam)

Ruth

Ruth did not initially file any evidence. However, following indications that I gave at the pre-trial review of the importance of all parties providing evidence of their financial needs and resources, she has now filed a witness statement providing some details of her position.

In addition to her interest in the Deceased’s estate Ruth has savings and cash of approximately £13,500 and loans and credit card debts of around £6,000. Her income is c.£910 per month. She provides a list of outgoings totalling £777 per month which includes a figure of £200 as a contribution to her savings and a further £228 as loan repayments. As set out above her figures do not include any provision for Council Tax and I propose to adopt a figure of £425 for her contribution to the general household expenses equivalent to the figure I have used for David. Ruth’s evidence was that since September 2024 she has spent over £10,000 on works to the Property with a view to making an equity release application.

Like David, she is a defendant to the possession claim and will be homeless if possession is ordered against her. She will need to use her inheritance from her mother to rehouse herself. Exhibited to Susan’s most recent witness statement are a number of sets of property particulars for alternative two bed properties in the Croydon area for between £210,000 and £300,000. Mr Poole suggested to Ruth that this is what it would cost for her to rehouse herself in accommodation suitable for both her and David. Ruth did not accept this. She did not consider that suitable properties would be available for that price and made the fair point that the properties identified were leasehold properties which would carry service charge or ground rent obligations. However, and tellingly, when I asked Ruth what sum she considered she needed for her and David to rehouse themselves, she did not provide me with a satisfactory answer. I was left with the impression that for Ruth the only real acceptable outcome would be for her and David to remain living in the Property.

For his part David suggested £400,000 to £500,000 would be required to find a “good” property elsewhere. I consider that is too high, but bearing in mind the additional liabilities that ownership of a leasehold property can bring, in my view £350,000 would be a more realistic figure for a replacement two bedroomed property for Ruth and David.

An alternative would be for them to rent. Ruth had provided a figure from the Office of National Statistics suggesting that the average rent of a two bedroomed flat in Croydon is £1,500. On the other hand I note that Mr Green is claiming £3,000 per month in mesne profits in the possession claim. Again, I consider that a realistic rent would be somewhere between these two poles, say £2,000 or £24,000 per year. On this basis Ruth’s share of the estate may only suffice to pay rent for 13 years or so.