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 an application is capable of being revived once the tenancy itself has been revived.
Held: Once the possession order had been granted, the tenant became a tolerated trespassser. Once she repaid the arrears, she became a secure tenant again, but she would then have to make a fresh application to purchase a long lease.
Judges:
Nelson J
Citations:
[2007] EWHC 1270 (QB), Times 28-Jun-2007, [2007] 4 All ER 818
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Honeygan-Green v London Borough of Islington CA 22-Apr-2008
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 . .
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.
Housing, Local Government
Updated: 11 July 2022; Ref: scu.253273