Basildon District Council v Wahlen: CA 28 Mar 2006

The tenant was a successor tenant with security, and sought to exercise his right to buy. The authority itself claimed possession saying that the property was too large.
Held: The statute gave rise to competing claims.The tenant’s right to buy did not take automatic precedence over the authority’s right to possession. In this case the judge had made his decision in the tenant’s favour without considering the council’s competing claim. Their appeal was allowed.

Judges:

Mr Justice Moses Lord Justice Neuberger

Citations:

Times 17-Apr-2006, [2006] EWCA Civ 326

Links:

Bailii

Statutes:

Housing Act 1985 118

Jurisdiction:

England and Wales

Citing:

CitedThe Royal Borough of Kensington and Chelsea v Marilyn Hislop ChD 5-Dec-2003
conflict between a landlord’s claim to possession and a tenant’s claim to exercise her right to buy, both being claims arising under the Housing Act 1985. . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 15 August 2022; Ref: scu.239738