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Jenkins v Renfrew DC

Language: English Series: Scots Law Times ; (1989) SLP 41-44(4)Publication details: 1989Subject(s): Summary: LT for Scotland 26 September 1988. Appeal by council tenant (J) under the Housing (Scotland) Act 1987 s68(4) against the council`s (R) notice of refusal of J`s application to purchase a flat let to him. J occupied two adjoining flats, combined and refurbished by R; J occupied the flats as a single unit. R took the view that J was tenant of two dwellings and was entitled to buy one, while continuing as tenant of the other. Accordingly the offer to sell was issued for one flat only. J accepted the offer and appealed to LT on the notice of refusal in respect of the other flat. Each flat had separate entrances and separate electric and water systems and could, without much difficulty, be returned to two separate dwellings. LT held that the premises formed one house occupied as a separate dwelling which J was entitled to purchase. However an application to LT must be made in respect of the whole premises, Application dismissed as incompetent.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS40796 (Browse shelf(Opens below)) 1 Available 26048-1001

LT for Scotland 26 September 1988. Appeal by council tenant (J) under the Housing (Scotland) Act 1987 s68(4) against the council`s (R) notice of refusal of J`s application to purchase a flat let to him. J occupied two adjoining flats, combined and refurbished by R; J occupied the flats as a single unit. R took the view that J was tenant of two dwellings and was entitled to buy one, while continuing as tenant of the other. Accordingly the offer to sell was issued for one flat only. J accepted the offer and appealed to LT on the notice of refusal in respect of the other flat. Each flat had separate entrances and separate electric and water systems and could, without much difficulty, be returned to two separate dwellings. LT held that the premises formed one house occupied as a separate dwelling which J was entitled to purchase. However an application to LT must be made in respect of the whole premises, Application dismissed as incompetent.