Richmond Housing Partnership Ltd v Brick Farm Management L
Language: English Publication details: 2005Subject(s): Online resources: Summary: 2005] EWHC 1650 (QB), 28 July 2005. Raises issues as to the scope of the exclusion of charitable housing trusts from the collective enfranchisement provisions of the Leasehold Reform, Housing and Urban Development Act 1993 Part 1 Chapter 1. Appeal by the freehold owner (R), a charitable housing trust, against the declaration that the participating tenants (B) had the right to collective enfranchisement of the flats. R contended that the judge had erred in accepting B as qualifying tenants within the meaning of s5 of the Act and that he should have denied the enfranchisement entitlement because the tenants' flats form part of the housing accommodation provided by R in the pursuit of its charitable purposes within the meaning of s5 (2) (b) of the Act. "Held": appeal dismissed. The fact that R is a charitable housing trust and that some of the flats are let by it in pursuit of its charitable objects, does not disqualify the participating tenants from the right to collective enfranchisement. The meaning of s5 (2)(b) becomes clear when the wording of the Housing Act 1985 s6, which is expressly referred to in s5 (2)(b) is taken into account: the housing accommodation provided by a housing trust is the social housing it provides.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 130640-2001 |
2005] EWHC 1650 (QB), 28 July 2005. Raises issues as to the scope of the exclusion of charitable housing trusts from the collective enfranchisement provisions of the Leasehold Reform, Housing and Urban Development Act 1993 Part 1 Chapter 1. Appeal by the freehold owner (R), a charitable housing trust, against the declaration that the participating tenants (B) had the right to collective enfranchisement of the flats. R contended that the judge had erred in accepting B as qualifying tenants within the meaning of s5 of the Act and that he should have denied the enfranchisement entitlement because the tenants' flats form part of the housing accommodation provided by R in the pursuit of its charitable purposes within the meaning of s5 (2) (b) of the Act. "Held": appeal dismissed. The fact that R is a charitable housing trust and that some of the flats are let by it in pursuit of its charitable objects, does not disqualify the participating tenants from the right to collective enfranchisement. The meaning of s5 (2)(b) becomes clear when the wording of the Housing Act 1985 s6, which is expressly referred to in s5 (2)(b) is taken into account: the housing accommodation provided by a housing trust is the social housing it provides.