Royal Borough of Kensington and Chelsea v. Khan & Wellcome Trust [2001] EWHC Ch 411 (8th June, 2001)

Royal Borough of Kensington and Chelsea v. Khan & Wellcome Trust [2001] EWHC Ch 411 (8th June, 2001)

The limitation period for possession proceedings by a local authority to enforce a statutory charge under the Housing Acts is 12 years from the date the demand for expenses becomes operative (21 days after service), not from the completion of works. The appeal is dismissed as the proceedings are not statute-barred.

Citation
[2001] EWHC Ch 411
Parties
Claimant/respondent: Royal Borough of Kensington and Chelsea; First Defendant/appellant: Mr Amanullah Khan
Jurisdiction
England and Wales
Procedural Posture
Appeal / Judgment After Appeal From Master Price's Decision
Outcome
Appeal dismissed
Legal Topics
Statutory Charge Enforcement, Limitation Periods, Possession Proceedings, Local Authority Powers, Housing Act Compliance
Property Law Housing Law Civil Procedure Statutory Charge Enforcement Limitation Periods Possession Proceedings Local Authority Powers Housing Act Compliance

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Parties

Royal Borough of Kensington and Chelsea

Claimant/respondent

Mr Amanullah Khan

First Defendant/appellant

Procedural Posture

Appeal / Judgment After Appeal From Master Price's Decision

Legal Issues

  1. 1 What is the applicable limitation period for enforcement by a local authority of a statutory charge under the Housing Acts?
  2. 2 When does time begin to run for limitation purposes in possession proceedings based on a statutory charge?

Ratio Decidendi

The limitation period for possession proceedings by a local authority to enforce a statutory charge under the Housing Acts is 12 years from the date the demand for expenses becomes operative (21 days after service), not from the completion of works. The appeal is dismissed as the proceedings are not statute-barred.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Mr Khan is dismissed.