Howe v Brent London Borough Council (2024) EWCA Civ 1444

Just a quick note on this Court of Appeal judgment on whether

a family member (B) of a secure tenant with a right to buy their home (A) is able to exercise a shared right to buy if A, whose right is established, dies after B’s entitlement to share A’s right to buy has been claimed by A, but before the landlord has accepted B’s right or it has been established by the County Court

The late Ms Howe was the secure tenant of Brent. On 11 May 2020 she sent a section 122 (1) Housing Act 1985 notice claiming the right to buy for herself jointly with her adult son, John. John was not a joint tenant at that point, but had been living with his mother for the previous 12 months. Brent replied, admitting Ms Howe’ right to buy, but denying John’s joint right, pending various documentary proofs of his 12 month residence. John sent some documents in response, but shortly after Ms Howe died. Brent then denied John’s right to buy and, in view of Ms Howe’s death, cancelled the application.

John applied to the County Court, which upheld his right to buy. Brent appealed and the appeal was leapfrogged to the Court of Appeal by HHJ Luba KC.

The Court of Appeal dismissed the appeal, finding that the County Court was correct.

Section 123 Housing Act 1985 provides

(1) A secure tenant may in his notice under section 122 require that not more than three members of his family who are not joint tenants but occupy the dwelling-house as their only or principal home should share the right to buy with him.
(2) He may validly do so in the case of any such member only if –
(a) That member is his spouse, is his civil partner, or has been residing with him throughout the period of twelve months ending with the giving of the notice, or
(b) The landlord consents.
(3) Where by such a notice any members of the tenant’s family are validly required to share the right to buy with the tenant, the right to buy belongs to the tenant and those members jointly and he and they shall be treated for the purposes of this Part as joint tenants.

The Court of Appeal found that:

If as a matter of fact, B met the requirements of section 123(1) at the time when A served a notice on the landlord under section 122(1) validly requiring that B share A’s right to buy, B was deemed from that time onwards to be a joint secure tenant with A for the purposes of Part V and shared in the right to buy, even if B’s qualifying status was not established until after A’s death.

Comment

We should note in passing that the right to buy discounts in England have now been reduced back to their 2009 levels, before the Cameron government dramatically increased them. (The deadline to apply under the previous discount rates was 21 November 2024).

It is frankly to be hoped that this will significantly reduce the number of properties lost to right to buy, particularly in high value areas with intense pressure on social housing stock.