Payne and another v Barnet LBC
Payne and another v Barnet LBC
- 1998
- Property and Compensation Reports [1998] 76 P&CR 293-311(16) .
CA 22 May 1997. P and W exercised their right to buy the lease on a prefabricated maisonette from B. Upon arranging a mortgage the building society`s valuer warned that there might be certain defects which would make it difficult to arrange further mortgage finance and resale, and advised a more detailed survey. P and W did not obtain a further report. When P and W sought to sell the property, a prospective purchaser failed to secure a mortgage due to defects. P and W brought action against B, claiming that previous surveys undertaken by B that highlighted the problems had never been disclosed. However, the claim was not issued until after the limitation period expired. The court below struck out the claim as disclosing no reasonable course of action and/or being an abuse of process. Appeal allowed.
BUILDING DEFECTS
BUILDING SURVEYS
CONDITION SURVEYS
LEASEHOLD ENFRANCHISEMENT
LIMITATION PERIOD
MORTGAGE VALUATIONS
NEGLIGENCE
NON-DISCLOSURE
PAYNE AND ANOTHER V BARNET LBC
PREFABRICATED HOUSING
RIGHT TO BUY
STATUTORY DUTY
CA 22 May 1997. P and W exercised their right to buy the lease on a prefabricated maisonette from B. Upon arranging a mortgage the building society`s valuer warned that there might be certain defects which would make it difficult to arrange further mortgage finance and resale, and advised a more detailed survey. P and W did not obtain a further report. When P and W sought to sell the property, a prospective purchaser failed to secure a mortgage due to defects. P and W brought action against B, claiming that previous surveys undertaken by B that highlighted the problems had never been disclosed. However, the claim was not issued until after the limitation period expired. The court below struck out the claim as disclosing no reasonable course of action and/or being an abuse of process. Appeal allowed.
BUILDING DEFECTS
BUILDING SURVEYS
CONDITION SURVEYS
LEASEHOLD ENFRANCHISEMENT
LIMITATION PERIOD
MORTGAGE VALUATIONS
NEGLIGENCE
NON-DISCLOSURE
PAYNE AND ANOTHER V BARNET LBC
PREFABRICATED HOUSING
RIGHT TO BUY
STATUTORY DUTY