Harrow LBC v Tonge
Harrow LBC v Tonge
- 1993
- Estates Gazette (1993) 09 EG 109-110(2) .
CA 22 October 1992. In December 1973 the respondent, Miss T`s father was granted a tenancy on a council house. This was a secure tenancy under Housing Act 1985. On Mr T`s death his wife succeeded to the tenancy under s87. In September 1988 she served a notice on the council exercising her right to buy, with Miss T sharing the right to buy. In June 1989 all matters had been agreed. The T`s exercised their right to defer completion by three years and this was acknowledged by the council. There was a holding deposit of £150. In November 1990, when the three year period still had 10 months to run Mrs T died. As there had already been a succession in title the council disallowed another. The council held that as Miss T was not a secure tenant she no longer had the right to buy. The deposit was returned and she was issued with a notice to quit. Miss T issued proceedings requiring the council to complete the purchase and the council issued a counterclaim claiming possession and damages for t
HOUSING ACT 1985
JOINT TENANCIES
RIGHT TO BUY
SECURE TENANCIES
SUCCESSION IN TITLE
CA 22 October 1992. In December 1973 the respondent, Miss T`s father was granted a tenancy on a council house. This was a secure tenancy under Housing Act 1985. On Mr T`s death his wife succeeded to the tenancy under s87. In September 1988 she served a notice on the council exercising her right to buy, with Miss T sharing the right to buy. In June 1989 all matters had been agreed. The T`s exercised their right to defer completion by three years and this was acknowledged by the council. There was a holding deposit of £150. In November 1990, when the three year period still had 10 months to run Mrs T died. As there had already been a succession in title the council disallowed another. The council held that as Miss T was not a secure tenant she no longer had the right to buy. The deposit was returned and she was issued with a notice to quit. Miss T issued proceedings requiring the council to complete the purchase and the council issued a counterclaim claiming possession and damages for t
HOUSING ACT 1985
JOINT TENANCIES
RIGHT TO BUY
SECURE TENANCIES
SUCCESSION IN TITLE