000			02009cam a2200253 4500
001			ABS66162
008			021203n2002 000 0 eng u
035			_a(Sirsi) u120650
245			_aR (on the application of O'Byrne) v SoS for the Environment, Transport and the Regions
260			_c2002
490			_aEstates Gazette Case Summaries _v[2002] 48 EG 138 (CS)(30/11/02)
490			_aWeekly Law Reports _v[2002] 1 WLR 3250-3270(21) (29/11/02)
490			_aHouse of Lords _v[2002] UKHL 45
520			_aHL 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her right under s118 of the 1985 act 'to be granted a lease of the dwelling house' and that the 1938 act was implicitly repealed by by the right-to-buy legislation.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/.
590			_aABS
650			_aRIGHT TO BUY
650			_aGREEN BELT (LONDON AND HOME COUNTIES) ACT 1938 S5
650			_aHOUSING ACT 1985 S118
650			_aR V SOS ENVIRONMENT EX P O'BYRNE
650			_aGREEN BELT LAND
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
856			_uhttps://www.parliament.the-stationery-office.co.uk/pa/ld200203/ldjudgmt/jd021114/byrne-1.htm _vView judgment on the HL website...
942			_n0
999			_c71697 _d71697