000 01900cab a22002055a 4500
001 L144646
008 080804e20080726xxk f v 000 0 eng d
035 _a(Sirsi) u144646
041 0 _aeng
245 0 0 _aChinnock v Hocaoglu and anor
260 _c2008
490 _aEstates Gazette
_v(0829) 26 July 2008, 92-96 (5)
520 _a[2007] EWHC 2933 (Ch), 9 November 2007. Issues arose around completion and notices to complete; whether completion date should have been rectified due to common mistake and whether failure of purchaser to pay monies due by 1pm on last day permissable under notices entitled the vendors to rescind. Claimant (C) agreed to buy a property from defendants (H). The current tenant had a right under Part 1 of the Landlord and Tenant Act 1987 to purchase the property and the date of completion was conditionally set as being ten days after the tenants opted not to exercise their claim (if this was the case). Date was incorrectly recorded as being 24 January 2007, when it should have been 1 February 2007. C and H disputed over the date, with H saying that the eventual payment had been made late and that their legal fees should also have been paid as a consequence. Claimant claimed to have the date of completion rectified and have it asserted that his payment had resulted in a legally binding contract. Held: claim was allowed in part. Claimant had right to rectification as the mistake over the date of completion had been acknowledged by both parties. The nature of his last-minute payment, however, meant that the clause requiring him to pay the defendants' legal fees came into affect and therefore they had a right to rescind the contract.
590 _aKA
610 2 4 _aPROPERTY-PROPERTY ACQUISITION AND DISPOSAL-CONVEYANCING
650 2 4 _aCHINNOCK V HOCAOGLU AND ANOR
651 4 _aEngland and Wales
_y1543-
700 1 _aMarshall, Hazel
942 _n0
999 _c80531
_d80531