Hughes v Mayor and Burgesses of the London Borough of£ Greenwich
Hughes v Mayor and Burgesses of the London Borough of£ Greenwich
- 1993
- Property and Compensation Reports (1993) 65 PCR 12-17(3) .
CA 20 May 1992. The respondent was the headmaster at a school maintained by the appellant council as successors to the GLC and ILEA. In 1963 the authority had built a house in the grounds of the school as the headmasters house and the respondent, H, moved in. H`s contract of employment entitled him to free board and lodging but contained no express provision that he occupied the house for the better performance of his duties. In 1989 H commenced proceedings claiming right to buy under Housing Act 1985. The judge found in favour of H. The council appealed. This was dismissed on the grounds that a term requiring H to occupy the house was not to implied in his contract therefore H did not fall within the exception in Schedule 1 of the Act. He was a secure tenant and qualified for the right to buy.
HOUSNG ACT 1985
RIGHT TO BUY
SCHOOL HOUSE
SECURE TENANCY
TIED HOUSE
CA 20 May 1992. The respondent was the headmaster at a school maintained by the appellant council as successors to the GLC and ILEA. In 1963 the authority had built a house in the grounds of the school as the headmasters house and the respondent, H, moved in. H`s contract of employment entitled him to free board and lodging but contained no express provision that he occupied the house for the better performance of his duties. In 1989 H commenced proceedings claiming right to buy under Housing Act 1985. The judge found in favour of H. The council appealed. This was dismissed on the grounds that a term requiring H to occupy the house was not to implied in his contract therefore H did not fall within the exception in Schedule 1 of the Act. He was a secure tenant and qualified for the right to buy.
HOUSNG ACT 1985
RIGHT TO BUY
SCHOOL HOUSE
SECURE TENANCY
TIED HOUSE