Blight notice — Compensation price agreed — Keys handed to acquiring authority — Whether interest payable on unpaid compensation from date keys handed over — Whether entry taken — Reference by consent — Held no entry taken
The claimant served a blight notice, in respect of his interest in a shop and flat above, on the respondent acquiring authority in September 1986. The parties agreed compensation for the claimant’s freehold interest at £75,000 and for disturbance at £67,000 plus fees. The claimant handed the keys of his property to the respondent’s agent on February 27 1987, a date agreed as convenient by the parties.
This was a reference by consent, the tribunal not otherwise having jurisdiction to determine the matter: Re Richard and Great Western Railway [1905] 1 KB 68. The parties sought a determination as to whether there had been an entry on the land by the respondent on or after February 27 1987 in respect of which interest on unpaid compensation is payable under section 32 of the Land Compensation Act 1961 and section 63 of the Land Compensation Act 1973. The claimant contended that the reference in section 32 of the 1961 Act to “any land on which entry has been made” showed that interest is payable on any entry. Alternatively, sections 84-85 of the Lands Clauses Consolidation Act 1845 or sections 11-12 of the 1961 Act were relevant.
Held There had been no entry in respect of which interest is payable under section 32 of the Land Compensation Act 1961 and section 63 of the Land Compensation Act 1973.
The handing over of the keys constituted an entry on the subject land. Section 32 of the 1961 Act does no more than determine the rate of interest and does not provide for its payment; section 63 of the 1973 Act provides for interest only where land is injuriously affected and not when it is taken. Sections 84-85 of the 1845 Act provide for the payment of a deposit before entry and a procedure for entry; neither applied to the circumstances arising. Sections 11-12 of the 1961 Act could not apply either, as they concern a notice of entry and unauthorised entry respectively.
Mr M J Dakers, of Dakers Green Brett, solicitors, of Strood, Kent, appeared for the claimant; and Simon Blackford (instructed by the solicitor to Kent County Council) appeared for the respondent.