Shewu and others v Hackney LBC
Series: Estates Gazette ; [1999] 35 EG 138-144(7)Publication details: 1999Subject(s): Summary: CA 28 July 1999. A house for which mortgage instalments were in arrears was compulsorily acquired. Entry was taken in November 1996; compensation was agreed at £85,000; the mortgage was redeemed in April 1998 for £33,000. The mortgagors (S) appealed contending that once their property was subject to compulsory purchase they could not sell it, they were unable to redeem the mortgage, it was unreasonable of the acquiring authority not to have redeemed the mortgage earlier, and they were entitled to compensation for the interest that had accrued from the date on which the authority ought to have redeemed the mortgage. Held, appeal dismissed. The acquiring authority was never obliged to redeem the mortgage or purchase it, although they were entitled to. Nor were they obliged to S to discharge their liabilities to the mortgagees under the mortgage.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS61209 (Browse shelf(Opens below)) | 1 | Available | 101806-1001 |
CA 28 July 1999. A house for which mortgage instalments were in arrears was compulsorily acquired. Entry was taken in November 1996; compensation was agreed at £85,000; the mortgage was redeemed in April 1998 for £33,000. The mortgagors (S) appealed contending that once their property was subject to compulsory purchase they could not sell it, they were unable to redeem the mortgage, it was unreasonable of the acquiring authority not to have redeemed the mortgage earlier, and they were entitled to compensation for the interest that had accrued from the date on which the authority ought to have redeemed the mortgage. Held, appeal dismissed. The acquiring authority was never obliged to redeem the mortgage or purchase it, although they were entitled to. Nor were they obliged to S to discharge their liabilities to the mortgagees under the mortgage.