Royal Borough Of Kensington & Chelsea v Khan & Anor [2002] EWCA Civ 279 (16 January 2002)

Royal Borough Of Kensington & Chelsea v Khan & Anor [2002] EWCA Civ 279 (16 January 2002)

The right to recover possession under the statutory charge accrued 21 days after the demand for expenses was served, not from the completion of works; the applicable statute is the Housing Act 1985 as works and demand occurred after its commencement.

Citation
[2002] EWCA Civ 279
Parties
Claimant/respondent: The Royal Borough of Kensington and Chelsea; Defendant/appellant: Amanullah Khan; Defendant/appellant: The Wellcome Trust
Jurisdiction
England and Wales
Judgment Date
16 January 2002
Procedural Posture
Appeal From Chancery Division / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Statutory Charges, Limitation Periods, Enforcement of Local Authority Expenses, Possession Proceedings
Property Law Housing Law Civil Procedure Statutory Charges Limitation Periods Enforcement of Local Authority Expenses Possession Proceedings

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Parties

The Royal Borough of Kensington and Chelsea

Claimant/respondent

Amanullah Khan

Defendant/appellant

The Wellcome Trust

Defendant/appellant

Procedural Posture

Appeal From Chancery Division / Court of Appeal Judgment

Legal Issues

  1. 1 Which Housing Act governs the statutory charge for expenses incurred by the local authority
  2. 2 When does the cause of action to recover possession under the charge accrue for limitation purposes

Ratio Decidendi

The right to recover possession under the statutory charge accrued 21 days after the demand for expenses was served, not from the completion of works; the applicable statute is the Housing Act 1985 as works and demand occurred after its commencement.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs as agreed at £3,500
  • Permission to appeal to the House of Lords refused