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...
HB as rent for RTB
Hanoman v London Borough of Southwark [2008] EWCA Civ 624 Where a local authority landlord has failed to respond to a tenant's notice in time under the Right to Buy procedure, the tenant can serve an 'operative notice of delay' under s.153A(5) Housing Act...
Notes for later
As ever, housing cases come in a flood after a drought. Jones v London Borough of Merton [2008] EWCA Civ 660 on when liability for mesne profits ends after the tolerated trespasser leaves a property. Hanoman v London Borough of Southwark [2008] EWCA Civ 624...
Possession orders and RTB
Honeygan-Green v London Borough of Islington [2008] EWCA Civ 363 (22 April 2008) A quick note on this Court of Appeal case. What happens when a secure tenant who has begun the right to buy process subsequently has a suspended possession order made against...
Right to Buy and suitable alternative accommodation
Where a possession order is sought under Ground 16 Schedule 2 Housing Act 1985 (under-occupation on succession), what happens to the tenant's right to buy? And is this a factor in weighing the suitability of alternative accommodation and the reasonableness...
Tenancy and occupation through employment
Wragg & Ors v Surrey County Council [2008] EWCA Civ 19 is an appeal on the refusal of some Right to Buy applications, but the main issue is when a tenancy falls under Schedule 1, para 2(1) Housing Act 1985, which provides: "… a tenancy is not a secure...
Housing case flood
Just a note. Comments to follow, asap. Court of Appeal: Wandsworth v Randall [2007] EWCA Civ 1126 Succession and possession for under-occupation. London Borough of Southwark v Dennett [2007] EWCA Civ 1091 Right to Buy, Delay and Misfeasance in Public Office...
Equitable interests and right to buy discounts
A fairly abstruse discussion after the recent fun and games, but, to someone like me who was intrigued and amused while studying equity, an enjoyable one. A recent case involved the client's equitable interest in an ex-council house, formally purchased by...