000 01682cab a2200325 4500
001 ABS59555
008 090401t1998 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u88983
041 _aeng
245 _aPayne and another v Barnet LBC
260 _c1998
350 _a0
490 _aProperty and Compensation Reports
_v[1998] 76 P&CR 293-311(16)
520 _aCA 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.
650 _aBUILDING DEFECTS
650 _aBUILDING SURVEYS
650 _aCONDITION SURVEYS
650 _aLEASEHOLD ENFRANCHISEMENT
650 _aLIMITATION PERIOD
650 _aMORTGAGE VALUATIONS
650 _aNEGLIGENCE
650 _aNON-DISCLOSURE
650 _aPAYNE AND ANOTHER V BARNET LBC
650 _aPREFABRICATED HOUSING
650 _aRIGHT TO BUY
650 _aSTATUTORY DUTY
690 _aPROPERTY LAW AND PRACTICE-CASE LAW
942 _n0
948 _c14/10/1998
999 _c56267
_d56267