000 02073cab a2200217 4500
001 L130640
008 050822n2005 000 0 eng u
035 _a(Sirsi) u130640
041 _aeng
245 _aRichmond Housing Partnership Ltd v Brick Farm Management L
260 _c2005
520 _a2005] EWHC 1650 (QB), 28 July 2005. Raises issues as to the scope of the exclusion of charitable housing trusts from the collective enfranchisement provisions of the Leasehold Reform, Housing and Urban Development Act 1993 Part 1 Chapter 1. Appeal by the freehold owner (R), a charitable housing trust, against the declaration that the participating tenants (B) had the right to collective enfranchisement of the flats. R contended that the judge had erred in accepting B as qualifying tenants within the meaning of s5 of the Act and that he should have denied the enfranchisement entitlement because the tenants' flats form part of the housing accommodation provided by R in the pursuit of its charitable purposes within the meaning of s5 (2) (b) of the Act. "Held": appeal dismissed. The fact that R is a charitable housing trust and that some of the flats are let by it in pursuit of its charitable objects, does not disqualify the participating tenants from the right to collective enfranchisement. The meaning of s5 (2)(b) becomes clear when the wording of the Housing Act 1985 s6, which is expressly referred to in s5 (2)(b) is taken into account: the housing accommodation provided by a housing trust is the social housing it provides.
590 _aIKA300805
650 _aRICHMOND HOUSING PARTNERSHIP LTD V BRICK FARM MANAGEMENT LTD
650 _aLEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S5(2)(B)
650 _aLEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S5
650 _aHOUSING ACT 1985 S6
690 _aPROPERTY-LEASEHOLD PROPERTY-LANDLORD AND TENANT-LEASES-LEASEHOLD ENFRANCHISEMENT
856 _uhttps://www.bailii.org/ew/cases/EWHC/QB/2005/1650.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c75753
_d75753