LT COMPENSATION – compulsory acquisition of long leasehold house in poor condition – mortgage – value of unencumbered long leasehold interest determined at andpound;7,600 – no deduction of charges when determining market value – lack of evidence regarding mortgage – no determination of amounts payable to claimants
An order had been made for the compulsory purchase of a dwelling to make it fit for habitation. It was held on a long lease at a low rent, and was subject to a charge. The property was valued at andpound;7,000 by the council ‘s expert, but he had deducted the seller’s costs which would not normally be borne by a purchaser.
Held: Neither the local authority’s costs nor the value of any of the local authority’s land charges registered against the property should reduce the valuation. Those were matters between the council and the respondent, and not for the valuation.
Judges:
P H Clarke FRICS
Citations:
ACQ/72/2001
Links:
Statutes:
Housing Act 1985, Compulsory Purchase (Vesting Declarations) Act 1981
Jurisdiction:
England and Wales
Land, Damages, Local Government
Updated: 28 April 2022; Ref: scu.170277
