London Borough of Southwark v Dennett [2007] EWCA Civ 1091 (07 November 2007)

London Borough of Southwark v Dennett [2007] EWCA Civ 1091 (07 November 2007)

The appeal was allowed in part because the respondent failed to establish misfeasance in public office due to lack of evidence of subjective bad faith by identified officials, and because the statutory set-off of rent against the purchase price only applies where an operative notice of delay (RTB8) is actually served; the respondent was only entitled to set-off for the period between service of a valid RTB8 and a valid RTB7 counter notice.

Citation
[2007] EWCA Civ 1091
Parties
Appellant/claimant: The London Borough of Southwark; Respondent/defendant: Nicholas Dennett
Jurisdiction
England and Wales
Judgment Date
07 November 2007
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court
Outcome
Appeal allowed in part; judgment for respondent on misfeasance in public office and extended set-off of rent overturned; respondent entitled to set-off only for period between valid RTB8 and RTB7 notices; injunction to grant lease with parking rights upheld.
Legal Topics
Right to Buy, Misfeasance in Public Office, Statutory Notices, Housing Act Procedures, Damages for Delay
Housing Law Public Law Tort Law Right to Buy Misfeasance in Public Office Statutory Notices Housing Act Procedures Damages for Delay

Case Brief

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Parties

The London Borough of Southwark

Appellant/claimant

Nicholas Dennett

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether the local authority's delays and actions amounted to misfeasance in public office
  2. 2 Whether the statutory notices (RTB6, RTB7, RTB8) were validly served and effective under the Housing Act 1985
  3. 3 Whether the respondent was entitled to set off rent payments against the purchase price under section 153B of the Housing Act 1985

Ratio Decidendi

The appeal was allowed in part because the respondent failed to establish misfeasance in public office due to lack of evidence of subjective bad faith by identified officials, and because the statutory set-off of rent against the purchase price only applies where an operative notice of delay (RTB8) is actually served; the respondent was only entitled to set-off for the period between service of a valid RTB8 and a valid RTB7 counter notice.

Court Disposition

Appeal allowed in part; judgment for respondent on misfeasance in public office and extended set-off of rent overturned; respondent entitled to set-off only for period between valid RTB8 and RTB7 notices; injunction to grant lease with parking rights upheld.

Orders

  • Damages for misfeasance in public office set aside
  • Set-off of rent against purchase price limited to period between 12 March 2005 and 22 June 2005