Chinnock v Hocaoglu & Anor [2007] EWHC 2933 (Ch) (09 November 2007)

Chinnock v Hocaoglu & Anor [2007] EWHC 2933 (Ch) (09 November 2007)

The contract should be rectified to substitute the correct expiry date for tenant rights, but the claimant's failure to pay the vendor's legal costs on completion entitled the defendants to rescind the contract; payment after 1:00 p.m. was not fatal, but failure to pay the full sum due was.

Citation
[2007] EWHC 2933 (Ch)
Parties
Claimant: Raymond John Chinnock; Defendant: Mustafa Hocaoglu; Defendant: Vasfiya Hocaoglu
Jurisdiction
England and Wales
Judgment Date
09 November 2007
Procedural Posture
Chancery Division Claim for Rectification and Specific Performance / Judgment After Trial
Outcome
Claim dismissed; defendants entitled to rescind contract; claimant to pay defendants' costs; application for return of deposit refused; permission to appeal refused at first instance.
Legal Topics
Rectification of Contract, Specific Performance, Forfeiture of Deposit, Completion of Sale, Landlord and Tenant Act 1987, Notice to Complete, Rescission of Contract, Costs Assessment
Property Law Contract Law Rectification of Contract Specific Performance Forfeiture of Deposit Completion of Sale Landlord and Tenant Act 1987 Notice to Complete +2 more

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Parties

Raymond John Chinnock

Claimant

Mustafa Hocaoglu

Defendant

Vasfiya Hocaoglu

Defendant

Procedural Posture

Chancery Division Claim for Rectification and Specific Performance / Judgment After Trial

Legal Issues

  1. 1 Whether the contract should be rectified to substitute the correct expiry date of tenant rights under the Landlord and Tenant Act 1987
  2. 2 Whether the claimant complied with the notice to complete by tendering monies after 1:00 p.m. on the last day
  3. 3 Whether the claimant's failure to pay the vendor's legal costs on completion entitled the defendants to rescind the contract

Ratio Decidendi

The contract should be rectified to substitute the correct expiry date for tenant rights, but the claimant's failure to pay the vendor's legal costs on completion entitled the defendants to rescind the contract; payment after 1:00 p.m. was not fatal, but failure to pay the full sum due was.

Court Disposition

Claim dismissed; defendants entitled to rescind contract; claimant to pay defendants' costs; application for return of deposit refused; permission to appeal refused at first instance.

Orders

  • Claimant to pay defendants' costs of the action, assessed at £7,000 for solicitors plus counsel's fees and VAT recalculated accordingly.
  • Application for return of deposit under s.49(2) Law of Property Act 1925 refused.