Advance Ground Rents Ltd v Middlesbrough Borough Council
Advance Ground Rents Ltd v Middlesbrough Borough Council
- 1986
- Estates Gazette 280 (6311) 22 November 1986, 1015-1016(2) .
LT 29 September 1986. Application by defendant local authority to determine the question of disputed compensation for the claimant owners` interest in a house in Middlesbrough which was unfit for human habitation . There was no appearance by or on behalf of the owner. The council`s solicitor explained that the acquiring authority did not appear to have served a notice to treat on the present owner within the proper time limit . Accordingly, there was doubt as to whether the interest had been validly acquired. If this was so, then it appeared that the LT had no jurisdiction to determine the compensation. LT was asked therefore, whether it did have jurisdiction and, if so, the proper sum payable. The notice to treat and notice of entry was served in 1977 on "owner or reputed owners" of the house. The council took physical entry, the house was demolished and compensation on cleared site basis was agreed with the reputed owner in 1979. However it was later discovered that the mortgagee w
Compulsory purchase
LAND COMPENSATION ACT 1961 S1
NOTICE TO TREAT
UNFIT HOUSE
VALIDITY
LT 29 September 1986. Application by defendant local authority to determine the question of disputed compensation for the claimant owners` interest in a house in Middlesbrough which was unfit for human habitation . There was no appearance by or on behalf of the owner. The council`s solicitor explained that the acquiring authority did not appear to have served a notice to treat on the present owner within the proper time limit . Accordingly, there was doubt as to whether the interest had been validly acquired. If this was so, then it appeared that the LT had no jurisdiction to determine the compensation. LT was asked therefore, whether it did have jurisdiction and, if so, the proper sum payable. The notice to treat and notice of entry was served in 1977 on "owner or reputed owners" of the house. The council took physical entry, the house was demolished and compensation on cleared site basis was agreed with the reputed owner in 1979. However it was later discovered that the mortgagee w
Compulsory purchase
LAND COMPENSATION ACT 1961 S1
NOTICE TO TREAT
UNFIT HOUSE
VALIDITY