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Taylor v Newham LBC

Language: English Series: Weekly Law Reports ; 1993 1 WLR 444-452(9)Publication details: 1993Subject(s): Summary: CA 27 January 1993. CA upheld CC decision granting a tenant T an injunction under Housing Act 1985 s138(3) forcing a local authority N to complete the sale of her council house. N had accepted T`s right as a secure tenant to exercise her right to buy under Part V of the Housing Act 1985 despite giving notice of an intention to seek possession of the house and the issuing of a summons alleging racial harassment and causing hardship to third parties. In dismissing N`s appeal, CA held that T had satisfied conditions specified in s138 Housing Act 1985, and had no power to refuse an application except in exceptional circumstances.

CA 27 January 1993. CA upheld CC decision granting a tenant T an injunction under Housing Act 1985 s138(3) forcing a local authority N to complete the sale of her council house. N had accepted T`s right as a secure tenant to exercise her right to buy under Part V of the Housing Act 1985 despite giving notice of an intention to seek possession of the house and the issuing of a summons alleging racial harassment and causing hardship to third parties. In dismissing N`s appeal, CA held that T had satisfied conditions specified in s138 Housing Act 1985, and had no power to refuse an application except in exceptional circumstances.