Part 7: Compulsory Purchase Etc Compensation Section 198: Repayment of payment to mortgagee if land not acquired
Section 198 inserts new section 52ZE (payment to mortgagee recoverable if notice to treat withdrawn) into the Land Compensation Act 1973. This provides for the recovery of an advance payment to a mortgagee if the notice to treat has been withdrawn or ceases to have effect. In these circumstances, the claimant must repay the advance payment unless someone else has acquired the claimant’s interest in the land. In this case, the successor to the claimant must make the repayment.