Credit Contracts and Consumer Finance Act 2003

75 Land cannot be dealt with without leave of court if initial disclosure not made or no independent legal advice given

• (1) This section applies if the transferee knows, or has reason to believe, that any provision of section 72 or section 73 has not been complied with by any person in connection with the buy-back transaction.

  (2) The transferee must not transfer the estate in the land to a person other than the occupier or otherwise deal with the land without obtaining the leave of the High Court.

  (3) The High Court may grant leave only if it is satisfied that the non-compliance has not materially prejudiced the interests of the occupier.

  (4) The High Court may grant leave subject to any terms and conditions that the court thinks fit.

  (5) Subsection (2) does not affect the rights under sections 62 to 64, 75, 182, and 183 of the Land Transfer Act 1952 of a person who derives an estate or interest in the land from the transferee.