Branchett v Beaney and others; Branchett v Swale BC and others
Branchett v Beaney and others; Branchett v Swale BC and others
- 1992
- Estates Gazette (1992) 28 EG 107-111(4) .
CA 31 January 1992. The appellant, B, was born in the property in question in 1917 and succeeded to the statutory tenancy, on the death of her mother. The property was in dire need of repair and in September 1973 the council made a demolition order on the grounds that it was unfit for human habitation and incapable of being made fit at reasonable cost. B refused to vacate the property to enable necessary repairs. In November 1983 the freehold transferred to the respondent X. In 1984 the property became a Grade II listed building. In consequence the council had to revoke the first order and make a closing order in its place in November 1986. The council rescinded the second order in June 1987. The property was damaged in the storms of October 1987 but B still refused to vacate the premises to allow repairs. In February 1988 B commenced proceedings against X claiming damages for breach of their alleged statutory duty to repair under Defective Premises Act 1972 and a mandatory injunctio
CLOSING ORDER
DEFECTIVE PREMISES ACT 1972
DEMOLITION ORDER
HOUSING ACT 1985
LISTED BUILDINGS
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 S33
QUIET ENJOYMENT
SECTION 52 AGREEMENTS
STATUTORY TENANCY
TOWN AND COUNTRY PLANNING ACT 1971 S52
CA 31 January 1992. The appellant, B, was born in the property in question in 1917 and succeeded to the statutory tenancy, on the death of her mother. The property was in dire need of repair and in September 1973 the council made a demolition order on the grounds that it was unfit for human habitation and incapable of being made fit at reasonable cost. B refused to vacate the property to enable necessary repairs. In November 1983 the freehold transferred to the respondent X. In 1984 the property became a Grade II listed building. In consequence the council had to revoke the first order and make a closing order in its place in November 1986. The council rescinded the second order in June 1987. The property was damaged in the storms of October 1987 but B still refused to vacate the premises to allow repairs. In February 1988 B commenced proceedings against X claiming damages for breach of their alleged statutory duty to repair under Defective Premises Act 1972 and a mandatory injunctio
CLOSING ORDER
DEFECTIVE PREMISES ACT 1972
DEMOLITION ORDER
HOUSING ACT 1985
LISTED BUILDINGS
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 S33
QUIET ENJOYMENT
SECTION 52 AGREEMENTS
STATUTORY TENANCY
TOWN AND COUNTRY PLANNING ACT 1971 S52