Berry v Newport BC
Berry v Newport BC
- 2000
- Estates Gazette Law Reports [2000] 29 EG 127-130(4) .
CA 16 March 2000. In 1988 B bought the house of which she had been the tenant from N under the right-to-buy provisions of the Housing Act 1985. At the time the open market value of the property was £25,000. B was entitled to a 59% discount and so paid £10,250. Unknown to both parties, at the time, the house was of a Hawksley SGS type that contained steel embedded in concrete columns. As the steel was liable to rust the Hawksley type properties had been designated defective houses under the Housing Act 1985 s563(1). N accepted that they were in breach of their duty under the Housing Act 1985 s563(1) in that they sold to B without disclosure of defects. B appealed the decision of awarded damages that represented the difference between what she paid, and what the judge considered long-term the house was worth, a sum of £3,485. B contended that the damages should have reflected the financial assistance originally obtainable under the Housing Defects Act 1984. 'Held' the appeal was dismissed.
BERRY V NEWPORT BC
HOUSING DEFECTS ACT 1984
DUTY OF CARE
NEGLIGENCE
DAMAGES
HAWKSLEY SGS HOUSES
DEFECTIVE HOUSES
HOUSING ACT 1985 S563(1)
DIMINUTION IN VALUE
CA 16 March 2000. In 1988 B bought the house of which she had been the tenant from N under the right-to-buy provisions of the Housing Act 1985. At the time the open market value of the property was £25,000. B was entitled to a 59% discount and so paid £10,250. Unknown to both parties, at the time, the house was of a Hawksley SGS type that contained steel embedded in concrete columns. As the steel was liable to rust the Hawksley type properties had been designated defective houses under the Housing Act 1985 s563(1). N accepted that they were in breach of their duty under the Housing Act 1985 s563(1) in that they sold to B without disclosure of defects. B appealed the decision of awarded damages that represented the difference between what she paid, and what the judge considered long-term the house was worth, a sum of £3,485. B contended that the damages should have reflected the financial assistance originally obtainable under the Housing Defects Act 1984. 'Held' the appeal was dismissed.
BERRY V NEWPORT BC
HOUSING DEFECTS ACT 1984
DUTY OF CARE
NEGLIGENCE
DAMAGES
HAWKSLEY SGS HOUSES
DEFECTIVE HOUSES
HOUSING ACT 1985 S563(1)
DIMINUTION IN VALUE