000			01952cab a2200277 4500
001			##L133600
008			060522n2006 000 0 eng u
035			_a(Sirsi) u133600
041	0		_aeng
245	0	0	_aBasildon District Council v Wahlen
260			_c2006
520			_a[2006] EWCA Civ 326, 28 March 2006. Considers how the court should assess competing claims for possession of property under the Housing Act 1985 s82 and the right to buy under s118 of the Act, where there is no express statutory guidance giving precedence to either claim. Appeal by B against the district judge's decision to dismiss its claim for possession of a property under s82 of the Act and granting an injunction to W enforcing his right to buy under s118 of the Act. The judge made no reference to B's grounds for seeking possession in his decision. W contended that the judge was bound to balance the competing claims and had failed to do so. "Held": appeal allowed. The act of balancing competing claims had to be carried out and should be an essential ingredient of any judgment. In the instant case the judgment should have contained some reasoning why the balance ultimately had come down in favour of W. The matter was remitted to the CC for a retrial.
650	2	4	_aBASILDON DC V WAHLEN
650	2	4	_aHOUSING ACT 1985 S16
650	2	4	_aBRISTOL CITY COUNCIL V LOVELL
650	2	4	_aKENSINGTON AND CHELSEA LBC V HISLOP
650	2	4	_aHOUSING ACT 1985 S82
650	2	4	_aHOUSING ACT 1985 S118
650	2	4	_aHOUSING ACT 1985 S138
650	2	4	_aHOUSING ACT 1985 S121(1)
650	2	4	_aHOUSING ACT 1985 PART V
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-RESIDENTIAL PROPERTY-LEASEHOLD RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES-BREACHING RESIDENTIAL TENANCIES
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2006/326.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c77105 _d77105