Cases - Hussain v Oldham Metropolitan Borough Council

Record details

Name

Hussain v Oldham Metropolitan Borough Council

Date

(1981)

Citation

JPL 597

Keywords

Planning and consents - CPO

Summary

This case dealt with circumstances, which occur quite frequently in practice, where a general vesting declaration is executed and the land remains occupied. In this case, the vesting date was 26 December 1974, but the Council allowed the owners and occupiers to remain in occupation, provided that they repaired and insured the properties. The properties were not vacated until December 1979. The property subject to the claim was worth £48,124 in December 1979, but on the vesting date of December 1974 was only worth £14,678. The Lands Tribunal awarded the latter figure.