The defendant had purchased the property from the council under the right to buy scheme. He had been encouraged and supported in this by a third party company who had put together a scheme apparently intended to circumvent the requirement that the property be occupied for three years. The property was sold and the council sought repayment of part of the discount, and now appealed a finding that the scheme was effective.
Held: The appeal should be adjourned. The tenant had not been given any substantial understanding of the legal intricacies intended. It was not satisfactory that the finance company was not before the court. The defendant was not the correct person to be targeted.
Judges:
Buxton LJ, Sedley LJ, Jonathan Parker Lj
Citations:
Times 08-Nov-2005
Statutes:
Jurisdiction:
England and Wales
Local Government
Updated: 07 May 2022; Ref: scu.235768
