Robb v Kyle and Carrick DC
Robb v Kyle and Carrick DC
- 1989
- Scots Law Times (1989) SLT 78-81(4) .
LT for Scotland 7 March 1989. Appeal to LT by council tenant (R), after his application to the landlord (K) to purchase the dwelling he occupied was refused. K refused the application on the grounds that R had not been in occupation of the house or a series of houses provided by K for the requisite period of two years. R submitted that, as he had taken over the tenancy of a house from his wife`s brother (C) with whom he had shared, he had succeeded to C`s rights in that tenancy. The period of shared occupancy lasted for at least five years. R contended that those years should be taken into account when calculating period of occupation. C had moved and no longer resided with R. Held that succession to a secure tenancy could only be on the death of the previous tenant. Application refused.
HOUSING SCOTLAND ACT 1987 S61
RIGHT TO BUY
LT for Scotland 7 March 1989. Appeal to LT by council tenant (R), after his application to the landlord (K) to purchase the dwelling he occupied was refused. K refused the application on the grounds that R had not been in occupation of the house or a series of houses provided by K for the requisite period of two years. R submitted that, as he had taken over the tenancy of a house from his wife`s brother (C) with whom he had shared, he had succeeded to C`s rights in that tenancy. The period of shared occupancy lasted for at least five years. R contended that those years should be taken into account when calculating period of occupation. C had moved and no longer resided with R. Held that succession to a secure tenancy could only be on the death of the previous tenant. Application refused.
HOUSING SCOTLAND ACT 1987 S61
RIGHT TO BUY