The former tenant had set out to buy the council house, but had written to say that she did not intend to go ahead. Her son who had taken over the tenancy after her death now sought, twelve years later, to require the authority to proceed at that original price. Held: The tenant’s appeal was … Continue reading Martin v Medina Housing Association Ltd: CA 31 Mar 2006
The tenants appealed rejection of their application that they should pay the price for their council property set on the first of two notices to buy it. Held: As to whether the tenants had impliedly withdrawn their first notice: ‘[B]ecause of the way in which I consider that this appeal should be determined, it would … Continue reading Copping v Surrey County Council: CA 21 Dec 2005
The authority complained that during the course of the trial, the judge had repeatedly intervened during oral evidence. Held: A judge must be careful not to repeatedly intervene during oral evidence as opposed to counsel making submissions. The risk was not whether a reasonable observer would see bias, but that the judge would have descended … Continue reading London Borough of Southwark v Kofi-Adu: CA 23 Mar 2006
The court considered whether the determination of a secure tenancy by the granting of a possession order, brings to an end an existing application which has established the right to buy at a particular time and at a particular price, or whether such an application is capable of being revived once the tenancy itself has … Continue reading Islington London Borough Council v Honeygan-Green (Honeygan): QBD 25 May 2007
The tenant served his notice under section 122 in 1999. The authority did not admit the claim as required by section 124 within four weeks, but tried ultimately by sending a letter which the tenant never received, to resolve its doubts as to whether the claim was being genuinely made by him rather than by … Continue reading Hanoman v Southwark London Borough Council: ChD 22 Jun 2004
The tenants served notice under s122 in 1991 to purchase their council house. The authority denied their right to buy. Nothing happened until June 2001 when the tenants served a second notice and received the same response. By reference to, and upon the basis of, the second notice the tenants took proceedings in the county … Continue reading Copping v Surrey County Council: QBD 2005
The appellant had bought a house at auction. It had previously been sold by a local authority subject to a covenant by the buyer allowing the authority to nominate tenants. The covenant was said to be binding on successors in title, and was registered as a local land charge. The appellant challenged an order that … Continue reading Cantrell v Wycombe District Council: CA 29 Jul 2008
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements. Held: A landlord’s duty to allow quiet enjoyment does not extend to a positive duty to require an improvement in the sound-proofing of a building, well beyond standards which … Continue reading Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council: HL 21 Oct 1999
The landlord council brought proceedings for possession. The tenant (C) had remained in possession after his mother’s death, but enjoyed no second statutory succession. He had lived there since 1954 when he was six. C sought a declaration of incompatibility in respect of section 3 of the 1977 Act, saying that it disallowed any consideration … Continue reading Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: Admn 8 Mar 2010
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