Hussain v Salford City Council [2006] EWLands LCA_7_2006 (10 August 2006)

Hussain v Salford City Council [2006] EWLands LCA_7_2006 (10 August 2006)

A leaseholder with an unexpired term exceeding three years is entitled to compensation under section 584A of the Housing Act 1985 when a demolition order is made affecting the premises, as the statutory definitions of 'owner' and 'premises' encompass such an interest.

Citation
[2006] EWLands LCA_7_2006
Parties
Claimant: Imtiaz Hussain; Compensating Authority: Salford City Council
Jurisdiction
England and Wales
Judgment Date
10 August 2006
Procedural Posture
Compensation Claim Under Demolition Order / Determination Under Written Representations Procedure
Outcome
claim allowed
Legal Topics
Demolition Order, Compensation Entitlement, Leasehold Interest, Statutory Interpretation
Housing Law Compensation Law Property Law Demolition Order Compensation Entitlement Leasehold Interest Statutory Interpretation

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Parties

Imtiaz Hussain

Claimant

Salford City Council

Compensating Authority

Procedural Posture

Compensation Claim Under Demolition Order / Determination Under Written Representations Procedure

Legal Issues

  1. 1 Whether a leaseholder with an unexpired term exceeding three years is entitled to compensation under section 584A of the Housing Act 1985 when a demolition order is made affecting the premises.

Ratio Decidendi

A leaseholder with an unexpired term exceeding three years is entitled to compensation under section 584A of the Housing Act 1985 when a demolition order is made affecting the premises, as the statutory definitions of 'owner' and 'premises' encompass such an interest.

Court Disposition

claim allowed

Orders

  • Compensation in the sum of £110,500 plus surveyors' and legal fees to be paid to the claimant, with fees to be quantified and notified to the Tribunal within 28 days.