The former tenant had set out to buy the council house, but had written to say that she did not intend to go ahead. Her son who had taken over the tenancy after her death now sought, twelve years later, to require the authority to proceed at that original price.
Held: The tenant’s appeal was dismissed. The statute required any notice to be withdrawn in writing, but had not excluded the court’s common law and equitable powers. ‘Although the right to buy had been established, the stage had not been reached in February 1990 at which all matters relating to the grant and to the amount to be left outstanding or advanced on the security of the property had been agreed or determined. In particular there had been no agreement or determination in respect of the mortgage without which the appellant and his mother would have been unable to pay the purchase price. I therefore conclude that in February 1990 they had no equitable interest in the property.’
Judges:
Lord Justice Ward Sir Martin Nourse Mr Justice Wilson
Citations:
Times 20-Apr-2006, [2006] EWCA Civ 367, [2007] 1 WLR 1965, [2007] 1 All ER 813
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Hanoman v Southwark London Borough Council ChD 22-Jun-2004
The tenant served his notice under section 122 in 1999. The authority did not admit the claim as required by section 124 within four weeks, but tried ultimately by sending a letter which the tenant never received, to resolve its doubts as to whether . .
Cited – Copping v Surrey County Council CA 21-Dec-2005
The tenants appealed rejection of their application that they should pay the price for their council property set on the first of two notices to buy it.
Held: As to whether the tenants had impliedly withdrawn their first notice: ‘[B]ecause of . .
Cited – Copping v Surrey County Council QBD 2005
The tenants served notice under s122 in 1991 to purchase their council house. The authority denied their right to buy. Nothing happened until June 2001 when the tenants served a second notice and received the same response. By reference to, and upon . .
Cited – Paal Wilson and Co v Partenreederei Hannah Blumenthal (The Hannah Blumenthal) HL 1983
The House was asked whether a contract to abandon an arbitration might be implied from conduct, or a lack of conduct.
Held: The abandonment of a contract can be effected by the entry of the parties, expressly or by necessary inference from . .
Cited – Dance v Welwyn Hatfield Distrrict Council CA 1990
The secure tenants had claimed to exercise their right to buy; the local authority admitted their right and proposed a price which was accepted. The authority offered a partial mortgage which was accepted and by reference to which they had exercised . .
Cited – Collin v Duke of Westminster CA 1985
In 1975 the tenant sought to exercise his right to purchase the freehold reversion of his property. The landlord argued that the rent payable precluded any such entitlement. Under the law as then understood, the landlord’s contention appeared . .
Lists of cited by and citing cases may be incomplete.
Housing, Local Government
Updated: 09 August 2022; Ref: scu.239802
