LB Islington V Honeygan-Green [electronic resource]
LB Islington V Honeygan-Green [electronic resource]
- 2007
[2007] EWHC 1270 (QB), 25 May 2007. Considered whether a long lease could be transferred to a tenant under the right to buy scheme despite the tenant's failure to make rent payments. The appellant local authority (I) appealed against the transfer of the lease to the tenant (H). H was a secure tenant of I, who made application to purchase the property and then fell into rent arrears. Possession orders were issued and suspended, and when H was given the status of tolerated trespasser she successfully paid off her arrears. Subsequently, she fell into arrears once more and a further possession order was issued. I submitted that the judge had erred in upholding H's claim to the lease, since section 121 of the Housing Act 1985 could not be applied due to her obligation to leave the premises. "Held": H's application to buy was not exercisable as her original application was invalid due to her requirement to leave the property the first time she had fallen into arrears. Her right to buy application could not be revived by her repayment of the arrears. Further, at the time of case she was again obliged to leave the property. Appeal allowed.
HOUSING ACT 1985 S121
HOUSING ACT 1985 S138
ISLINGTON LBC V HONEYGAN-GREEN
ENFIELD LBC V MCKEON
BRISTOL CITY COUNCIL V LOVELL
England and Wales--1543-
[2007] EWHC 1270 (QB), 25 May 2007. Considered whether a long lease could be transferred to a tenant under the right to buy scheme despite the tenant's failure to make rent payments. The appellant local authority (I) appealed against the transfer of the lease to the tenant (H). H was a secure tenant of I, who made application to purchase the property and then fell into rent arrears. Possession orders were issued and suspended, and when H was given the status of tolerated trespasser she successfully paid off her arrears. Subsequently, she fell into arrears once more and a further possession order was issued. I submitted that the judge had erred in upholding H's claim to the lease, since section 121 of the Housing Act 1985 could not be applied due to her obligation to leave the premises. "Held": H's application to buy was not exercisable as her original application was invalid due to her requirement to leave the property the first time she had fallen into arrears. Her right to buy application could not be revived by her repayment of the arrears. Further, at the time of case she was again obliged to leave the property. Appeal allowed.
HOUSING ACT 1985 S121
HOUSING ACT 1985 S138
ISLINGTON LBC V HONEYGAN-GREEN
ENFIELD LBC V MCKEON
BRISTOL CITY COUNCIL V LOVELL
England and Wales--1543-