[2009] EWCA Civ 578, 19 June 2009. The case relates to the remedying of subsidence to a local authority flat subject to a right to buy. Ms Ryan (R) had a secure tenancy of a local authority flat. She served notice of her right to buy in January 2003. In June 2003, L noted that specialist works were required, indicating subsidence. The valuer's report did not mention subsidence, however a subsequent inspection diagnosed subsidence to the rear extension. The repairs were not done. R appealed against an order specifying dismissal of her claims for a declaration that her right to buy the property was not withdrawn and for damages in the loss of her right to buy. "Held": Subsidence was not a structural defect. Part V of the Housing Act 1985 contained nothing giving the right of a purchasing tenant to insist on having any structural defects or any items of disrepair to be remedied before completion. L could not be taken to have accepted responsibility for this type of loss. The appeal is dismissed.