Branchett v Beaney and others; Branchett v Swale BC and others
Language: English Series: Estates Gazette ; (1992) 28 EG 107-111(4)Publication details: 1992Subject(s): Summary: 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 The council rescinded the second order in June 1987.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| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS46775 (Browse shelf(Opens below)) | 1 | Available | 59458-1001 |
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 The council rescinded the second order in June 1987.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