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Council leaseholders, those who exercised the right to buy or those who bought from them, have been facing very hefty major works charges, perhaps particularly in London. When repairs have been carried out alongside Decent Homes programmes, or as large scale...
Thompson v Hurst [2012] EWCA Civ 1752 This is a rather fact specific case which shows application of the principles of Stack v Dowden and Kernott v Jones. Our report on Kernott which covers the whole debate is here. Background H was the tenant of a local...
Francis v LB Southwark [2011] EWCA Civ 1418 This was a brave attempt to try and get something out a local authority’s mistaken denial of a right to buy application, but it was not one which the Court of Appeal had any truck with. Mr Francis was a tenant of...
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...
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EWCA Civ 578 concerned Ms Ryan's Right to Buy under Part V Housing Act 1985 and whether or not it had been deemed to be withdrawn.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...
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...
Southwark LBC are involved in two cases are being heard in the House of Lords next week. Hanoman v Southwark is a Right to Buy dispute and R (G) v Southwark is about whether there is a lawful distinction between a child who is "in need of accommodation" or...
Leaseholders who purchased their properties from local housing authorities under the Right to Buy (and those persons who subsequently bought on from those original purchasers) are currently facing huge service charge bills (up to £40,000 in some London...
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...
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...
There was an interesting article in today's Guardian on the legacy of Right to Buy, not exactly an in-depth piece, but featuring a number of the issues familiar to anyone who practicises in housing - from dodgy short term letting to major works charges on...
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...