In passing…

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 leaseholders. And above all, the lack of available decent stock […]

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 […]

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 […]

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 1985. The effect of this notice is that the landlord must deduct from the […]

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 on when housing benefit counts as rent under RTB rules. […]

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 them, and then later has the SPO discharged? The Court of […]

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 of making an order? Manchester City Council v Benjamin [2008] EWCA Civ 189, a Court […]

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 tenancy if the tenant is an […]