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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.
