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Hanoman v London Borough of Southwark [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: Hanoman v London Borough of Southwark, 12 June 2008. Appellant was secure tenant of a one bredroom flat owned by the local authority and notified the respondent that he wished to exercise his right to buy the lease of his flat according to Part 5 of the Housing Act 1985. Respondents challenged authenticity of claim, but High Court ruled it permissable. Premium payable for right to buy was £17,000 and the appellant served several notices of delay as the respondent failed to respond within the time allocated and claimed that the lease should be reduced to nil. Appellant completed the purchase and retained the right to question whether the price to be paid for the lease fell to be reduced by reference to the housing benefits that were used to pay off the rent in the same way as the appellant would have received if he had paid rent from his own money. Held: appeal allowed. Payment of housing benefit to be treated same as though payment had been by the tenant - natural meaning was that rent paid encompassed all rent duly paid whatever the source of payment. Collateral contract existed between appellant and respondents that allowed the appellant to proceed towards completion on the basis that he would be able to enforce any rights to dispute the exercise of his right to buy in the county court after completion.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 144354-1001

Hanoman v London Borough of Southwark, 12 June 2008. Appellant was secure tenant of a one bredroom flat owned by the local authority and notified the respondent that he wished to exercise his right to buy the lease of his flat according to Part 5 of the Housing Act 1985. Respondents challenged authenticity of claim, but High Court ruled it permissable. Premium payable for right to buy was £17,000 and the appellant served several notices of delay as the respondent failed to respond within the time allocated and claimed that the lease should be reduced to nil. Appellant completed the purchase and retained the right to question whether the price to be paid for the lease fell to be reduced by reference to the housing benefits that were used to pay off the rent in the same way as the appellant would have received if he had paid rent from his own money. Held: appeal allowed. Payment of housing benefit to be treated same as though payment had been by the tenant - natural meaning was that rent paid encompassed all rent duly paid whatever the source of payment. Collateral contract existed between appellant and respondents that allowed the appellant to proceed towards completion on the basis that he would be able to enforce any rights to dispute the exercise of his right to buy in the county court after completion.