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Sparks v Biden [2017] EWHC 1994 (Ch)

DATE: 03 Aug 2017

Overage was payable one the “sale” of the houses.  “Sale” was defined as: (i) a sale of the freehold of a house; or (ii) the grant of a long lease of a house.  In an attempt to avoid paying overage, the developer occupied one of the houses himself and let the other houses under assured shorthold tenancies.  The Court implied a term that the developer was required to “sell” the houses.