Garrod v London Borough of Newham [2005] EWLands ACQ_96_2002 (20 April 2005)

Garrod v London Borough of Newham [2005] EWLands ACQ_96_2002 (20 April 2005)

The compensation for the compulsory acquisition of the property is determined by its open market value in derelict condition at the valuation date, less refurbishment costs and an allowance for risk/profit, with the acquiring authority having taken all reasonable steps to trace the owner.

Citation
[2005] EWLands ACQ_96_2002
Parties
Claimant: F Garrod; Acquiring Authority: London Borough of Newham
Jurisdiction
England and Wales
Judgment Date
20 April 2005
Procedural Posture
Compulsory Purchase Compensation Determination / Final Decision
Outcome
compensation determined and payable into court
Legal Topics
Compulsory Acquisition, Compensation Assessment, Valuation of Derelict Property, Untraceable Owner, Housing Regeneration
Property Law Compulsory Purchase Land Compensation Compulsory Acquisition Compensation Assessment Valuation of Derelict Property Untraceable Owner Housing Regeneration

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Parties

F Garrod

Claimant

London Borough of Newham

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Determination / Final Decision

Legal Issues

  1. 1 What is the appropriate amount of compensation for the compulsory acquisition of a derelict residential property with an untraceable owner?
  2. 2 Were reasonable steps taken to trace the owner as required by law?

Ratio Decidendi

The compensation for the compulsory acquisition of the property is determined by its open market value in derelict condition at the valuation date, less refurbishment costs and an allowance for risk/profit, with the acquiring authority having taken all reasonable steps to trace the owner.

Court Disposition

compensation determined and payable into court

Orders

  • Compensation for the freehold interest in 73 Washington Avenue, London, E12 determined at £60,000.
  • Claimant's costs of legal transfer, if any, to be paid in addition.