000 01981cab a2200277 4500
001 ##L133603
008 060522n2006 000 0 eng u
035 _a(Sirsi) u133603
041 0 _aeng
245 0 0 _aRaymond Martin v Medina Housing Association Ltd
260 _c2006
520 _a[2006] EWCA Civ 367, 31 March 2006. Considers whether a tenant can later exercise the right to buy when he had earlier expressly abandoned his right to buy and had not acquired any equitable interest in the property. Appeal by MA against a decision refusing his application for an injunction requiring ME to convey to him its freehold interest in a property of which he was the tenant. MA proposed to exercise the right to buy the property 13 years after the notice claiming the right to buy had been served, a right disputed by ME. "Held": appeal dismissed. A withdrawal of a right to buy notice within the meaning of the 1985 Act had to be in writing. In the instant case there been an express abandonment on MA's part generated by the serving of the notice under s122 and MA and his mother had expressly released themselves from their obligations under Part V of the Act. It was proven that in 1990 MA had no equitable interest in the property.
650 2 4 _aHOUSING ACT 1985 S122(3)
650 2 4 _aHOUSING ACT 1985 S122
650 2 4 _aHOUSING ACT 1985 S123
650 2 4 _aHOUSING ACT 1985 S138(1)
650 2 4 _aHOUSING ACT 1985 PART V
650 2 4 _aMARTIN V MEDINA HOUSING ASSOCIATION LTD
650 2 4 _aDANCE V WELWYN HATFIELD
650 2 4 _aCOLLIN V DUKE OF WESTMINSTER AND ANOTHER
650 2 4 _aLAW OF PROPERTY ACT 1925 S53(1)
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-RESIDENTIAL PROPERTY-LEASEHOLD RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL LEASES-RESIDENTIAL LEASEHOLD ENFRANCHISEMENT
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2006/367.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c77108
_d77108