A local authority has no ability to grant an option to renew a lease, even though it has the power to grant a lease and would benefit from the wrongful grant. The land was held for an express statutory purpose and was not ‘corporate land’ within the Act. The statutory restriction on lettings in excess of seven years without the consent of the Secretary of state could not be worked around by the use of options.
Citations:
Gazette 03-Dec-1997, Times 27-Nov-1997, [1997] EWCA Civ 2692, (1998) 77 P and CR 342
Statutes:
Jurisdiction:
England and Wales
Citing:
Appealed to – Stretch v The United Kingdom ECHR 24-Jun-2003
The claimant had taken a lease of property from a local authority. Relying upon an option for renewal, he invested substantially in the property, but it was then decided that the option was ultra vires.
Held: Property rights protected under . .
Cited – Trustees of the Chippenham Golf Club v North Wiltshire District Council 1991
. .
Cited – Chapleo v Brunswick Permanent Building Society 1881
‘persons who deal with corporations or societies that owe their constitution to or have their powered defined or limited by Act of Parliament, or are regulated by deeds of settlement or rules, deriving their effect more or less from Acts of . .
Cited – Westdeutsche Landesbank Girozentrale v Islington London Borough Council CA 30-Dec-1993
A bank paid money to a local authority under an interest rate swap agreement, which was held later to be outside the local authority’s powers.
Held: The local authority was to repay the money paid to it for an ultra vires purpose (a swap . .
Cited by:
Appeal from – Stretch v The United Kingdom ECHR 24-Jun-2003
The claimant had taken a lease of property from a local authority. Relying upon an option for renewal, he invested substantially in the property, but it was then decided that the option was ultra vires.
Held: Property rights protected under . .
Cited – Birmingham City Council v Qasim and Others CA 20-Oct-2009
The council argued that the defendant was not a tenant granted to him as a secure tenancy since he had not been granted the tenancy in accordance with its policies. An employee had manipulated the Council’s system to grant tenancies to bypass the . .
Lists of cited by and citing cases may be incomplete.
Local Government, Landlord and Tenant
Updated: 10 November 2022; Ref: scu.143091
