R v Plymouth City Council and Cornwall CC, ex parte Freeman
R v Plymouth City Council and Cornwall CC, ex parte Freeman
- 1988
- Rating & Valuation Reporter (1988) RVR 89-95(7) .
CA 9 April 1987. Appeal by the council (P) against decision granting declarations in favour of tenant (F), relating to a house at Mount Edgcumbe Country Park in Cornwall . At issue were : 1) whether F had a statutory right to purchase the freehold of the Lodge pursuant to the Housing Act 1980 , as amended by the Housing and Building Control Act 1984 , and 2) whether F was a secure tenant under s28 of the 1980 Act, between 3 October 1980 and 26 August 1984, when the 1984 Act came into force. F had lived in the property for 30 years. Mount Edgcumbe Estate was purchased by P and Cornwall CC (C) in 1971 to provide a country park for the enjoyment of the public. F remained as tenant of both P and C. F`s first application to buy the Lodge failed. When amendments were made to the right to buy provisions in 1983 and again in 1984 F had the right to buy so long as his landlord held an interest sufficient to grant a lease exceeding 21 years. P and C devised the grant of a 20 year lease of the
CA 9 April 1987. Appeal by the council (P) against decision granting declarations in favour of tenant (F), relating to a house at Mount Edgcumbe Country Park in Cornwall . At issue were : 1) whether F had a statutory right to purchase the freehold of the Lodge pursuant to the Housing Act 1980 , as amended by the Housing and Building Control Act 1984 , and 2) whether F was a secure tenant under s28 of the 1980 Act, between 3 October 1980 and 26 August 1984, when the 1984 Act came into force. F had lived in the property for 30 years. Mount Edgcumbe Estate was purchased by P and Cornwall CC (C) in 1971 to provide a country park for the enjoyment of the public. F remained as tenant of both P and C. F`s first application to buy the Lodge failed. When amendments were made to the right to buy provisions in 1983 and again in 1984 F had the right to buy so long as his landlord held an interest sufficient to grant a lease exceeding 21 years. P and C devised the grant of a 20 year lease of the