Khan & Anor v Manchester City council [2006] EWLands ACQ_70_2006 (05 December 2006)

Khan & Anor v Manchester City council [2006] EWLands ACQ_70_2006 (05 December 2006)

The Tribunal preferred the evidence of the acquiring authority, finding that the condition of the properties and the comparables within the same block justified a lower valuation. The conversion to flats did not warrant an uplift in value, and the claimants' comparables were unsuitable. Compensation was determined at £17,000 for 40 Louisa Street and £16,000 for 42 Louisa Street, plus agreed disturbance costs.

Citation
[2006] EWLands ACQ_70_2006
Parties
Claimant: Salim Khan; Claimant: Karen Khan; Acquiring Authority: Manchester City Council
Jurisdiction
England and Wales
Judgment Date
05 December 2006
Procedural Posture
Compensation Compulsory Purchase / Determination of Compensation After Compulsory Acquisition
Outcome
Compensation awarded to claimants
Legal Topics
Compensation for Compulsory Acquisition, Valuation of Leasehold Interests, Disturbance Compensation
Property Law Compulsory Purchase Compensation for Compulsory Acquisition Valuation of Leasehold Interests Disturbance Compensation

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Parties

Salim Khan

Claimant

Karen Khan

Claimant

Manchester City Council

Acquiring Authority

Procedural Posture

Compensation Compulsory Purchase / Determination of Compensation After Compulsory Acquisition

Legal Issues

  1. 1 What is the appropriate compensation for the compulsory acquisition of the long leasehold interests in 40 and 42 Louisa Street, Openshaw, Manchester at the valuation date of 25 June 2004?

Ratio Decidendi

The Tribunal preferred the evidence of the acquiring authority, finding that the condition of the properties and the comparables within the same block justified a lower valuation. The conversion to flats did not warrant an uplift in value, and the claimants' comparables were unsuitable. Compensation was determined at £17,000 for 40 Louisa Street and £16,000 for 42 Louisa Street, plus agreed disturbance costs.

Court Disposition

Compensation awarded to claimants

Orders

  • Manchester City Council to pay compensation of £33,500 to the claimants, inclusive of agreed disturbance costs.
  • No order as to costs.