Shewu and others v Hackney LBC
Shewu and others v Hackney LBC
- 1998
- RVR (1998) RVR 83-85(3) .
LT 27 March 1998. S held a freehold interest in a house subject to a mortgage from LB Richmond, with substantial mortgage arrears. The property was made subject to a compulsory purchase order on 30 August 1985 and H took possession on 22 November 1996. H referred the matter of compensation to tribunal on 30 June 1994. The parties agreed the market value at £85,000 on 22 November 1996. The compensation payable to S wasdependent on the date of redemption of the mortgage and at issue was whether the LT had jurisdiction to determine this date. "Held" that the LT has no jurisdicton to fix the date when an acquiring authority should have exercised their powers under the Compulsory Purchase Act 1965 s14 to purchase or redeem the interest of the mortgagee in the land.
COMPENSATION
COMPULSORY PURCHASE ACT 1965 S14
COMPULSORY PURCHASE ACT 1965 S15
Compulsory purchase
FREEHOLD INTEREST
LAND COMPENSATION ACT 1961 S1
LAND COMPENSATION ACT 1961 S5
MORTGAGE ARREARS
LT 27 March 1998. S held a freehold interest in a house subject to a mortgage from LB Richmond, with substantial mortgage arrears. The property was made subject to a compulsory purchase order on 30 August 1985 and H took possession on 22 November 1996. H referred the matter of compensation to tribunal on 30 June 1994. The parties agreed the market value at £85,000 on 22 November 1996. The compensation payable to S wasdependent on the date of redemption of the mortgage and at issue was whether the LT had jurisdiction to determine this date. "Held" that the LT has no jurisdicton to fix the date when an acquiring authority should have exercised their powers under the Compulsory Purchase Act 1965 s14 to purchase or redeem the interest of the mortgagee in the land.
COMPENSATION
COMPULSORY PURCHASE ACT 1965 S14
COMPULSORY PURCHASE ACT 1965 S15
Compulsory purchase
FREEHOLD INTEREST
LAND COMPENSATION ACT 1961 S1
LAND COMPENSATION ACT 1961 S5
MORTGAGE ARREARS