WILLIAMS AND ANOTHER
V.
WELLINGBOROUGH BOROUGH COUNCIL

(1975) JELR 80320 (CA)    
Court of Appeal  ·  3 Jul 1975 ·  United Kingdom
 · 
Other Citations
1975] 1 W.L.R. 1327
CORAM
Russell, Stamp and Browne L.JJ.
Core Terms Beta
council
plaintiffs
appeal
defendant council
power of sale
default
problems
terms
case
instalment mortgage
law of property act
november
only power of sale
public auction
borough council of wellingborough of council offices
browne l.j.
common seal of the borough council
effective enforcement of the legal charge
exercise of the power of sale
farrars ltd.
following provisions
general implication
housing act
legal charge
lindley l.j.
l.j
market value
only document
payment of instalments
payment of the due instalments
pennycuick v.-c.
policy of the housing act
propriety of the transaction of sale
purported transfer effects
reduced price
registered land transfer
russell
sale price
satisfaction of the purchase price
short reasons
situation
stamp l.j.
such case
taking of the property
tenants of a council house
view
view of pennycuick v.-c.
way of legal charge
whole purchase price
years of a transaction

 RUSSELL L.J(reading the judgment)The plaintiffs in this case were tenants of a council house from the defendant council. Under the Housing Act 1957, coupled with directions from the appropriate Minister, the council was enabled to sell the house to the plaintiffs at something less than market value, on terms that during the first five years the council had the right of pre-emption at the sale price if the plaintiffs wanted to sell – coupled, of course, with a restriction against the plaintiffs selling it above that price during the first five years. This, of course, was so that a tenant so purchasing at a reduced price should not be able to make a quick profit by resale. Additionally, the council was entitled to accept, in satisfaction of the purchase price, an instalment mortgage of nearly the whole purchase price, repayable with interest over, I believe, some 30 years. Under this system, the defendant council sold to the plaintiffs their house in November 1972 for £5,300, leaving £…

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