Bater v Greenwich London Borough Council: CA 28 Sep 1999

The couple being joint tenants of the matrimonial home had applied for its purchase form the Council. Divorce proceedings commenced and she purported to terminate the joint tenancy. He applied to set aside the notice, and the Local Authority intervened. Neither the right to buy, nor the notice to terminate were dispositions of property, and the Court had no capacity to set them aside.
Held: ‘It is now established beyond a peradventure that a right to buy is dependant on the existence of a secure tenancy to which it is incidental.’


Gazette 02-Sep-1999, Times 28-Sep-1999, [1999] EWCA Civ 1920, [1999] 2 FLR 993




Matrimonial Causes Act 1973 37(2)(b)


England and Wales

Family, Landlord and Tenant

Updated: 18 May 2022; Ref: scu.78285