Muir Group Housing Association Ltd v Thornley and another
Muir Group Housing Association Ltd v Thornley and another
- 1993
- Estates Gazette (1993) 10 EG 144-148(5) .
CA 8 October 1992. In June 1980 the appellant freeholder, M, granted the respondents, T, a monthly tenancy of a house. For the purposes of the Housing Act 1985 this was a secure tenancy. In May 1989 T served a notice on M claiming to exercise the right to buy the freehold of the house. M sent a notice admitting this and in December T received a written notice of the proposed terms of sale. All matters were agreed and completion was due on 31 August 1991. It did not take place because M discovered that in August 1989 T had moved out of the house to take up a three year post as warden of a girl guide hostel and in October 1989 he had sublet the house on an assured shorthold tenancy at a profit rent. This subletting was a breach of the 1980 agreement and had the statutory effect of the tenancy ceasing to be secure. M informed T that the sale could not proceed and sent a notice to quit expiring on 31 December. The house was not vacated and possession proceedings were started on the groun
FEE SIMPLE
HOUSING ACT 1985 S138(3)
NOTICE TO QUIT
POSSESSION PROCEEDINGS
RIGHT TO BUY
SECURE TENANCY
CA 8 October 1992. In June 1980 the appellant freeholder, M, granted the respondents, T, a monthly tenancy of a house. For the purposes of the Housing Act 1985 this was a secure tenancy. In May 1989 T served a notice on M claiming to exercise the right to buy the freehold of the house. M sent a notice admitting this and in December T received a written notice of the proposed terms of sale. All matters were agreed and completion was due on 31 August 1991. It did not take place because M discovered that in August 1989 T had moved out of the house to take up a three year post as warden of a girl guide hostel and in October 1989 he had sublet the house on an assured shorthold tenancy at a profit rent. This subletting was a breach of the 1980 agreement and had the statutory effect of the tenancy ceasing to be secure. M informed T that the sale could not proceed and sent a notice to quit expiring on 31 December. The house was not vacated and possession proceedings were started on the groun
FEE SIMPLE
HOUSING ACT 1985 S138(3)
NOTICE TO QUIT
POSSESSION PROCEEDINGS
RIGHT TO BUY
SECURE TENANCY