Souter v Aberdeen City Council [1999] ScotCS 297 (15 December 1999)

Souter v Aberdeen City Council [1999] ScotCS 297 (15 December 1999)

Registration of the trust deed for creditors constituted a disposal within the meaning of section 72 of the Housing (Scotland) Act 1987, as it transferred all control and power over the property from the debtor to the trustee, triggering liability to repay the purchase discount.

Citation
[1999] ScotCS 297
Parties
Applicant: Ian Patrick Souter; Respondent: Aberdeen City Council
Jurisdiction
Scotland
Judgment Date
15 December 1999
Procedural Posture
Special Case / Opinion of the Court
Outcome
Question of law answered in the affirmative; registration of the trust deed constituted a disposal under section 72.
Legal Topics
Statutory Interpretation, Disposal of Property, Right to Buy, Trust Deed for Creditors, Repayment of Discount
Property Law Housing Law Bankruptcy Law Statutory Interpretation Disposal of Property Right to Buy Trust Deed for Creditors Repayment of Discount

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Parties

Ian Patrick Souter

Applicant

Aberdeen City Council

Respondent

Procedural Posture

Special Case / Opinion of the Court

Legal Issues

  1. 1 Does registration of a trust deed for creditors constitute a disposal under section 72 of the Housing (Scotland) Act 1987, triggering repayment of the purchase discount?

Ratio Decidendi

Registration of the trust deed for creditors constituted a disposal within the meaning of section 72 of the Housing (Scotland) Act 1987, as it transferred all control and power over the property from the debtor to the trustee, triggering liability to repay the purchase discount.

Court Disposition

Question of law answered in the affirmative; registration of the trust deed constituted a disposal under section 72.

Orders

  • Applicant liable to repay the full discount to Aberdeen City Council.