In order to enforce the right to buy, a person must normally be a secure tenant throughout the period from service of the original notice, exercising the right to buy, until completion is effected. Each part of the process is an ‘exercise’ of the right to buy.
Slade LJ said that the 1980 Act: ‘treats a tenant as purporting to exercise his right to buy at any time and from time to time when he takes steps towards implementation of that right, up to and including completion of the purchase. If, therefore, any of the circumstances set out in part 2 of schedule 1 . . subsist at any time between the time when he serves his section 5 notice and completion, his right to buy ceases to be exercisable.’
Judges:
Slade LJ
Citations:
[1986] 1 WLR 1007
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association HL 10-Dec-2008
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation.
Held: . .
Lists of cited by and citing cases may be incomplete.
Local Government, Land
Updated: 06 December 2022; Ref: scu.278701
