000 01924cad a22002415a 4500
001 L140943
008 071022e20070525xxk f v 000 0 eng d
035 _a(Sirsi) u140943
041 0 _aeng
245 0 0 _aLB Islington V Honeygan-Green
_h[electronic resource]
260 _c2007
520 _a[2007] EWHC 1270 (QB), 25 May 2007. Considered whether a long lease could be transferred to a tenant under the right to buy scheme despite the tenant's failure to make rent payments. The appellant local authority (I) appealed against the transfer of the lease to the tenant (H). H was a secure tenant of I, who made application to purchase the property and then fell into rent arrears. Possession orders were issued and suspended, and when H was given the status of tolerated trespasser she successfully paid off her arrears. Subsequently, she fell into arrears once more and a further possession order was issued. I submitted that the judge had erred in upholding H's claim to the lease, since section 121 of the Housing Act 1985 could not be applied due to her obligation to leave the premises. "Held": H's application to buy was not exercisable as her original application was invalid due to her requirement to leave the property the first time she had fallen into arrears. Her right to buy application could not be revived by her repayment of the arrears. Further, at the time of case she was again obliged to leave the property. Appeal allowed.
590 _aKA
650 2 4 _aHOUSING ACT 1985 S121
650 2 4 _aHOUSING ACT 1985 S138
650 2 4 _aISLINGTON LBC V HONEYGAN-GREEN
650 2 4 _aENFIELD LBC V MCKEON
650 2 4 _aBRISTOL CITY COUNCIL V LOVELL
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-RESIDENTIAL PROPERTY-OWNER-OCCUPIED RESIDENTIAL PROPERTY
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/QB/2007/1270.html
_zView the item free of charge at www.bailii.org...
942 _n0
999 _c79382
_d79382