New property valuation before the auction hearing where the condition has materially changed

Under section 142(1) EO, the court may omit ordering a valuation if the property was valued in earlier court proceedings, no more than two years have passed since then and no material change in the property has occurred. The rule applies correspondingly to fixtures: neither their condition nor their extent may have changed materially.

The provision therefore contains two separate checks. The period since the earlier valuation must be established, and the current condition must be compared with the earlier findings. If one of these requirements is not met, the earlier valuation cannot simply be treated as sufficient.

The relevant time period is not calculated from the date of the last letter. It is based on the earlier court valuation or inspection. Secure the report, the inspection date and the file reference showing the earlier valuation. Saying that a report is merely “old” is not precise enough.

A material change must be described with reference to the property. It may include substantial damage, a significant structural change or a change to fixtures. The issue is not simply a lower personal estimate of value, but a traceable difference from the previously documented condition. The post on contaminated sites and remediation obligations explains how property-specific risks are separated from a general opinion about value.

For a traceable request or submission, place the earlier report, the inspection date, the current auction hearing and the documents concerning the alleged change into one chronology. Identify the property, the affected building part or fixture and the file reference on which you rely.

Do not add photographs or invoices without context. Record their date, source and connection with the earlier findings. For official letters, note what they say about the condition or existing structure. An organised file helps distinguish a material change from a different personal expectation of value. Access to the enforcement documents must be checked separately, including through the post on inspection of the judicial auction file.

A new valuation does not automatically change every procedural step already set. The court must first determine whether a new description or valuation is ordered and how the proceedings continue. The hearing, auction notice and auction conditions must not be derived solely from a private revaluation.

Section 142(2) EO provides that, where the earlier description and valuation may be used, their result forms the basis of the auction proceedings. It is therefore important to establish before the hearing whether the conditions for relying on the earlier result still exist. Changes to the property or its fixtures must be compared with the file, not only with current market sentiment.