Ross and Cromarty District Council v Patience
Ross and Cromarty District Council v Patience
- 1997
- Greens Housing Law Reports 1997 HousLR 19-24(6) .
House of Lords. 12 December 1996. Heritable property - title right of pre-emption - public sector housing authority - authority deriving title from feu charter containing pre-emption clause in favour of superior - whether pre-emption clause applies to statutory sale to tenant - whether superior entitled to exercise right of pre-emption - whether existence of clause excluded right to purchase - Housing (Scotland) Act 1987 (c26), s61. Landlord and tenant - public sector housing - tenants` rights - purchase of dwellinghouse - pre-emption clause in landlord`s title - whether pre-emptioon clause applies to statutory sale to tenant - whether existence of clause excluded right to purchase. Process - competency - appeal - no live issue remaining between parties to actin - potential issue between appellant and other persons - issue of general practical importance to local authorities in Scotland - whether argument should be allowed to proceed.
HOUSING (SCOTLAND) ACT 1987 S61
HOUSING (SCOTLAND) ACT 1987
LANDLORD AND TENANT-CASE LAW-RESIDENTIAL TENANCIES
PRE-EMPTION CLAUSES
PRE-EMPTION
PUBLIC SECTOR HOUSING
RIGHT TO BUY
House of Lords. 12 December 1996. Heritable property - title right of pre-emption - public sector housing authority - authority deriving title from feu charter containing pre-emption clause in favour of superior - whether pre-emption clause applies to statutory sale to tenant - whether superior entitled to exercise right of pre-emption - whether existence of clause excluded right to purchase - Housing (Scotland) Act 1987 (c26), s61. Landlord and tenant - public sector housing - tenants` rights - purchase of dwellinghouse - pre-emption clause in landlord`s title - whether pre-emptioon clause applies to statutory sale to tenant - whether existence of clause excluded right to purchase. Process - competency - appeal - no live issue remaining between parties to actin - potential issue between appellant and other persons - issue of general practical importance to local authorities in Scotland - whether argument should be allowed to proceed.
HOUSING (SCOTLAND) ACT 1987 S61
HOUSING (SCOTLAND) ACT 1987
LANDLORD AND TENANT-CASE LAW-RESIDENTIAL TENANCIES
PRE-EMPTION CLAUSES
PRE-EMPTION
PUBLIC SECTOR HOUSING
RIGHT TO BUY