The claimant was a council tenant with the right to buy her property. A possession order was made, but then discharged.
Held: On the revival of the tenancy her right to buy and discount was also revived, and there was no need to serve a fresh notice.
Judges:
Lord Justice Pill, Lord Justice Keene and Lord Justice Maurice Kay
Citations:
[2008] EWCA Civ 363, Times 28-Apr-2008, [2008] 17 EG 162, [2008] L and TR 27, [2008] 4 All ER 459, [2008] NPC 53, [2008] 1 WLR 1350, [2008] 2 EGLR 133
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Burrows v Brent London Borough Council HL 31-Oct-1996
The authority had obtained a possession order from its secure tenant but then agreed to accept payments toward the arrears. The tenant applied for and was granted a declaration that she had on that agreement acquired a new tenancy. The authority . .
Appeal from – Islington London Borough Council v Honeygan-Green (Honeygan) QBD 25-May-2007
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 . .
Cited by:
Appeal from – 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.
Housing, Local Government
Updated: 14 July 2022; Ref: scu.267005