R (on the application of O'Byrne) v SoS for the Environment, Transport and the Regions
Series: Estates Gazette Case Summaries ; [2002] 48 EG 138 (CS)(30/11/02) | Weekly Law Reports ; [2002] 1 WLR 3250-3270(21) (29/11/02) | House of Lords ; [2002] UKHL 45Publication details: 2002Subject(s): Online resources: Summary: HL 14 November 2002. A secure tenant (O) of a flat in the green belt exercised her right to buy under the provisions of the Housing Act 1985. As the flat was on green belt land Croydon LBC had to seek the SoS's consent before such land was 'sold or... exchanged or...appropriated [for other purposes]' under the Green Belt (London and Home Counties) Act 1938 s5 but consent was withheld. O sought a judicial review and the CA upheld her claim that s5 of the 1938 act could not affect her right under s118 of the 1985 act 'to be granted a lease of the dwelling house' and that the 1938 act was implicitly repealed by by the right-to-buy legislation. SOS appealed to HL. HL held that the tenant's right to acquire a long lease was an absolute right under the Housing Act 1985 Part V, concluding that the Green Belt (London anc Home Counties) Act 1938 did not apply. Therefore it was neither necessary of appropriate to consider a repeal of the 1938 Act. Appeal dismissed. CA decision upheld. View at www.parliament.the-stationery-office.co.uk/.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS66162 (Browse shelf(Opens below)) | 1 | Available | 120650-1001 |
HL 14 November 2002. A secure tenant (O) of a flat in the green belt exercised her right to buy under the provisions of the Housing Act 1985. As the flat was on green belt land Croydon LBC had to seek the SoS's consent before such land was 'sold or... exchanged or...appropriated [for other purposes]' under the Green Belt (London and Home Counties) Act 1938 s5 but consent was withheld. O sought a judicial review and the CA upheld her claim that s5 of the 1938 act could not affect her right under s118 of the 1985 act 'to be granted a lease of the dwelling house' and that the 1938 act was implicitly repealed by by the right-to-buy legislation. SOS appealed to HL. HL held that the tenant's right to acquire a long lease was an absolute right under the Housing Act 1985 Part V, concluding that the Green Belt (London anc Home Counties) Act 1938 did not apply. Therefore it was neither necessary of appropriate to consider a repeal of the 1938 Act. Appeal dismissed. CA decision upheld. View at www.parliament.the-stationery-office.co.uk/.