Chinnock v Hocaoglu and Another: CA 29 Oct 2008

The parties had contracted for the sale of a property subject to a residential tenancy under the 1987 Act. The purchaser appealed refusal of specific performance, the court having found that it had failed to meet a precondition for serving a notice to complete. It had agreed to discharge liabilities to the seller, and contract misstated the date on which the tenants could have served notice under the 1987 Act to pre-empt the sale. The judge had rectified the contract.
Held: Special condition 10 of the contract had been wrongly applied. Instead standard condition 6.1.2 applied so that the completion offered by the purchaser was not too late. Specific performance should have been granted.
Sir Anthony Clarke MR, Waller :LJ VPCA, LLoyd LJ
[2008] EWCA Civ 1175
Bailii
Landlord and Tenant Act 1987 5
England and Wales
Citing:
CitedUnion Eagle Limited v Golden Achievement Limited PC 3-Feb-1997
(Hong Kong) The parties had contracted with each other for the sale of land. Completion was to take place on the appointed day at 5:00pm. A ten per cent deposit had been paid, and time had been made of the essence. The seller sought to rescind the . .

These lists may be incomplete.
Updated: 27 April 2021; Ref: scu.277311