Bristol CC v Lovell
Bristol CC v Lovell
- 1998
- Weekly Law Reports [1998] 1 WLR 446-460(15) .
HL 26 February 1998. The defendant (D) was the secure tenant of a council house owned by the plaintiffs (P). D exercised his right to buy pursuant to the provisions of Housing Act 1985 Part V. P admitted right to buy, then served notice of intention to make a claim for possession. D accepted P`s terms, later amending his defence to add a counterclaim. D applied to county court for an injunction under s138 of the Act. The district judge declined to grant an injunction, so P`s claim for possession would be tried first. Judge allowed appeal by D and granted him an injunction. CA dismissed appeal by P. On appeal by P, Held, plaintiffs appeal allowed.
COUNCIL HOUSE
HOUSING ACT 1985
RIGHT TO BUY
SECURE TENANCY
HL 26 February 1998. The defendant (D) was the secure tenant of a council house owned by the plaintiffs (P). D exercised his right to buy pursuant to the provisions of Housing Act 1985 Part V. P admitted right to buy, then served notice of intention to make a claim for possession. D accepted P`s terms, later amending his defence to add a counterclaim. D applied to county court for an injunction under s138 of the Act. The district judge declined to grant an injunction, so P`s claim for possession would be tried first. Judge allowed appeal by D and granted him an injunction. CA dismissed appeal by P. On appeal by P, Held, plaintiffs appeal allowed.
COUNCIL HOUSE
HOUSING ACT 1985
RIGHT TO BUY
SECURE TENANCY