Q&As

Would a local authority be in breach of their duty under LGA 1972, s 123 if they entered into an agreement that could restrict their future disposals?

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Published on LexisPSL on 22/04/2015

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Would a local authority be in breach of their duty under LGA 1972, s 123 if they entered into an agreement that could restrict their future disposals?
  • Duty under LGA 1972, s 123
  • Disposal of land for less than ‘best price’
  • Case law

Would a local authority be in breach of their duty under LGA 1972, s 123 if they entered into an agreement that could restrict their future disposals?

If entering into an agreement which restricts the local authority from future disposals, a local authority will need to consider relevant factors that may lead to a breach of their duty under section 123 of the Local Government Act 1972 (LGA 1972). Set out below is the relevant legislation, guidance and case law which help identify key elements of land disposal in accordance with the duty.

Duty under LGA 1972, s 123

Section 123 enables local authorities to dispose of land ‘in any manner they wish’ with the caveat that it must be sold

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