Farrell v First National Bank Plc [1999] EWLands ACQ_10_1997 (1 November 1999)

Farrell v First National Bank Plc [1999] EWLands ACQ_10_1997 (1 November 1999)

The claimant did not have a qualifying interest throughout the relevant two-year period, so no owner-occupier supplement was payable. The Tribunal lacked jurisdiction to award a well-maintained payment under Schedule 23. Compensation was limited to the agreed site value of £750.

Citation
[1999] EWLands ACQ_10_1997
Parties
Claimant: Stephen Farrell; Mortgagee: First National Bank Plc; Acquiring Authority: Sandwell Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
01 November 1999
Procedural Posture
Compulsory Purchase Compensation Reference / Final Decision With Costs Addendum
Outcome
Claim for owner-occupier supplement and well-maintained payment dismissed; compensation limited to site value.
Legal Topics
Compensation for Compulsory Acquisition, Owner Occupier Supplement, Well Maintained Payment, Jurisdiction of Lands Tribunal, Limitation Period
Compulsory Purchase Property Law Housing Law Compensation for Compulsory Acquisition Owner Occupier Supplement Well Maintained Payment Jurisdiction of Lands Tribunal Limitation Period

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Parties

Stephen Farrell

Claimant

First National Bank Plc

Mortgagee

Sandwell Metropolitan Borough Council

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Final Decision With Costs Addendum

Legal Issues

  1. 1 Whether claimant had a qualifying interest for owner-occupier supplement under Schedule 24 Housing Act 1985
  2. 2 Whether compensation should include a well-maintained payment under Schedule 23 Housing Act 1985
  3. 3 Whether the Lands Tribunal has jurisdiction to award a well-maintained payment

Ratio Decidendi

The claimant did not have a qualifying interest throughout the relevant two-year period, so no owner-occupier supplement was payable. The Tribunal lacked jurisdiction to award a well-maintained payment under Schedule 23. Compensation was limited to the agreed site value of £750.

Court Disposition

Claim for owner-occupier supplement and well-maintained payment dismissed; compensation limited to site value.

Orders

  • Compensation awarded at £750 (site value) to mortgagee.
  • Mortgagee to pay acquiring authority's costs from the date it became a party to the reference, to be agreed or assessed by the Registrar if not agreed.