Reply To: Court Order prohibiting the sale of a 2nd property

#163268
jamcon
Participant

Another way of looking at it may be that your claimant is temporarily not "the owner" for HB purposes. Have a look at GN v Sevenoaks Borough Council (HB) [2016] UKUT 0271 (AAC) aka CH 0122 2015. This involved a restraint order placed on the sale by the High Court. In paragraph 18, the Judge stated:-

18. However, the key point in this case is the definition in regulation 1(2). The “owner” is the person who for the time being is entitled to dispose of the fee simple. It is absolutely clear that from the time of issue of the restraint order by Mr Justice Ouseley in the High Court on 8th January 2001 this was not the claimant, and there would have been severe legal consequences had he attempted to dispose of the fee simple. What might have happened had the facts been other than they were is not relevant. Neither the local authority nor the First-tier Tribunal ever got to grips with the implications for this case of the definition in regulation 1(2). 

I'm not sure what Court handed down the order, whether a restriction was placed on the  Land Registry entry, or what legal consequences would follow a sale without the Court's agreement, but it is worth looking into.