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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Themeplace Ltd v Almula (Contracts and options : Contracts and options) [2019] UKFTT 506 (PC) (15 July 2019)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/506.html
Cite as: [2019] UKFTT 506 (PC)
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Decision summary
REF/2018/0420
| Case reference | REF/2018/0420 |
|---|---|
| Date of decision | 15/07/2019 |
| Adjudicator | Mr Timothy Cowen |
| Applicant | Themeplace Limited |
| Respondent | Mohamed Abid Alsahib Abid Almula |
| Main Category & Sub Category | |
| Category | Contracts and options |
| Sub Category | Contracts for sale |
| Secondary Category & Sub Category | |
| Category | Contracts and options |
| Sub Category | Contracts for sale |
| Decision notes | [2019] UKFTT 506 (PC). Application by Respondent to cancel unilateral notices on titles to 4 houses. Applicant claimed a contract of sale bound the Respondent’s titles. The issue was whether the contract had been rescinded by the Respondent. Held that the Respondent had validly served a notice to complete because he was ready able and willing to complete at the date of service. He was able to give vacant possession notwithstanding that a third party had parked his van on the site on the day of service. The title was not incumbered by third parties having made an unestablished claim to a right to park on the land. The failure of the Applicant to complete on the date specified in the notice was a repudiatory breach. The Respondent had accepted that breach and rescinded by notice served on the Applicant. The unilateral notice was to be removed. |
| Download decision(s) | [2019] UKFTT 506 (PC) |