Articles tagged Right to buy
Self Insurance and Right to Buy leases
Mihovilovic v Leicester CC [2010] UKUT 22 (LC)
Another Upper Tribunal (Lands Chamber) case. This was an appeal by the leaseholders of an LVT decision in respect of service and major works charges levied by Leicester City Council, the freeholder. There were three main issues in the appeal:
i) A charge for insurance of the building [...]
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Outstanding and Relevant
Scinto v London Borough of Newham [2009] EWCA Civ 837 is an appeal from Bow County Court on whether the tenant was still entitled to exercise her right to buy on terms first set out in December 1999.
Miss Scinto initiated the right to buy process in September 1999. In December 1999 Newham sent an offer [...]
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Take it as is or not at all
Ryan v London Borough of Islington [2009] EWCA Civ 578 concerned Ms Ryan’s Right to Buy under Part V Housing Act 1985 and whether or not it had been deemed to be withdrawn.
Ms Ryan was the secure tenant of a an Islington property. In January 2003, she served notice of RTB and after two months [...]
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Right to buy and Housing Benefit rebates in the Lords
The House of Lords opinions in Hanoman (FC) (Respondent) v London Borough of Southwark (Appellants) [2009] UKHL 29 were handed down today. This was Southwark’s appeal of a Court of Appeal judgment we noted here.
Briefly, Mr Hanoman was a Southwark secure tenant. Southwark had failed to serve a counter notice to Mr Hanoman’s s.122 [...]
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With friends like these…
Cheval Bridging Finance Ltd v Bhasin and others [2009] EWCA Civ 1613.
Mrs Bhasin had lived at 9 Long Acre Drive since May 1975. Initially, she was a tenant of the local authority but, in c.1988, she purchased the property under the “Right To Buy” scheme and it was registered in her sole name.
Some years later, [...]
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Right to Buy leases and service charges
Leicester City Council v Masters LRX/175/2007 (links to a .pdf)
Pursuant to the Right to Buy provisions, the respondent purchased a leasehold interest in his flat in April 2005. As readers will know, where someone is purchasing a leasehold interest under the RTB provisions, the local authority will serve a notice under s.125 Housing Act 1985, [...]
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Knowsley v White etc. in more detail
Knowsley HT v White, Honeyghan-Green v LB Islington & Porter v Shepherds Bush Housing Association [2008] UKHL 70 – for anyone who hasn’t read it yet.
There is lots to unpick here, so I’ll go case by case. It is made easier by there being pretty much one judgment, that of Lord Neuberger. The other substantial [...]
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Tolerated trespassers in the House of Lords
For once we were well and truly beaten to the line in publicly announcing a judgment, and in this instance most deservedly so. At about 11 am at the Housing Law Conference Jan Luba QC announced the result of Knowsley HT v White, Honeyghan-Green v LB Islington & Porter v Shepherds Bush Housing Association [2008] [...]
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Hey! That’s my window.
Sheffield City Council v Hazel St Clare Oliver LRX/146/2007 [links to PDF]
This is a case which touches on an issue familiar to those involved with right to buy leases: replacement of windows by the landlord.
The landlord council wished to replace metal framed windows with new uPVC in the leaseholder’s block. The terms of the demise [...]
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Constructive trust and dodgy RTB
There is an all too common situation. A tenant with the right to buy is offered a capital sum and the mortgage payments for the (in this case) three years needed to avoid repaying the RTB discount on transfer. In the meantime, they either get to stay or hand over control of the property to [...]
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