City of Bradford Metropolitan Council v McMahon and McMahon: CA 21 Apr 1993

The right to buy a council house is dependant on the existence of a secure tenancy to which it is incidental, and that right disappears on the death of the tenant because there was no secure tenancy left upon which to base the right: ‘It is a creature of statute and is sui generis; if it is helpful to equate it to some more general right recognised by the courts I would prefer to describe it as analogous to a personal equity.’

Judges:

Balcombe LJ

Citations:

Independent 21-Apr-1993, [1994] 1 WLR 52, (1993) 25 HLR 534

Statutes:

Housing Act 1985 121 ff

Jurisdiction:

England and Wales

Cited by:

CitedZionmor v Mayor and Burgesses of London Borough of Islington CA 10-Oct-1997
The council appealed a finding that the claimant, a secure tenant, had not surrendered his tenancy. He had sought to exercise his right to buy the property, but was said to have left the premises before the lease was completed. The property was . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government, Land

Updated: 26 October 2022; Ref: scu.79145