Laskar v Laskar
O'Grady, Eileen
Laskar v Laskar - 2008 - Estates Gazette (0807) 23 February 2008, 142(1) .
[2008] PLSCS 35, 7 February 2008. Reports on case considering whether a right to buy exercised by a tenant and ex-tenant could result in a jointly owned property with equal shares. The respondent and her husband were secure tenants of a local authority property. When her husband left, the respondent transferred the tenancy solely to herself. As sole tenant she exercised her right to buy, but the appellant, the respondent's daughter, offered to assist with a mortgage in both their names. The property was to be let and the mortgage paid with the income. After a quarrel, the appellant applied to court for a declaration of her interest. This was set at well below the value of her contribution. She appealed, arguing that there was a presumption of joint ownership, the right-to-buy discount was an entitlement of both parties, and both parties were entitled to equal shares. "Held": The burden of proof was on the respondent to show that beneficial interests were not equal. The home had been purchased as an investment. The discount was attributable only on the respondent's length of tenancy. The mortgage was to be treated as an equal contribution of each party. Appeal allowed.
LASKAR V LASKAR
STACK V DOWDEN
HOUSING ACT 1985 PART V
United Kingdom--
Laskar v Laskar - 2008 - Estates Gazette (0807) 23 February 2008, 142(1) .
[2008] PLSCS 35, 7 February 2008. Reports on case considering whether a right to buy exercised by a tenant and ex-tenant could result in a jointly owned property with equal shares. The respondent and her husband were secure tenants of a local authority property. When her husband left, the respondent transferred the tenancy solely to herself. As sole tenant she exercised her right to buy, but the appellant, the respondent's daughter, offered to assist with a mortgage in both their names. The property was to be let and the mortgage paid with the income. After a quarrel, the appellant applied to court for a declaration of her interest. This was set at well below the value of her contribution. She appealed, arguing that there was a presumption of joint ownership, the right-to-buy discount was an entitlement of both parties, and both parties were entitled to equal shares. "Held": The burden of proof was on the respondent to show that beneficial interests were not equal. The home had been purchased as an investment. The discount was attributable only on the respondent's length of tenancy. The mortgage was to be treated as an equal contribution of each party. Appeal allowed.
LASKAR V LASKAR
STACK V DOWDEN
HOUSING ACT 1985 PART V
United Kingdom--