000 01812cab a22002175a 4500
001 L143586
008 080520e20080422xxk f v 000 0 eng d
035 _a(Sirsi) u143586
041 0 _aeng
245 0 0 _aHoneygan-Green v LB Islington
_h[electronic resource]
260 _c2008
520 _a[2008] EWCA Civ 363, 22 April 2008. Considered whether a long lease could be transferred to a tenant under the right to buy scheme once her secure tenancy was revived. The appellant tenant (H) had lost her secure tenancy with her local authority landlord (I) due to rent arrears. It was ruled on appeal that H's right to buy was forfeited along with this (L140943), and in light of the fact I had obtained a possession order. H argued that each step she had taken had been in effect an exercise of her right to buy. The judge had found circumstances relevant to section 138 of the Housing Act 1985 to be persuasive, but this had not been brought before him by I. Consequently he was not in full possession of the facts. H also argued that there were now no outstanding matters to prevent the granting of right to buy. "Held": It was for the court to decide whether the tenant should start purchase proceedings afresh if circumstances warranted it. Such judiciary discretion was wide. In H's circumstances it was not deemed necessary. The judge had erred in using section 138 as a deciding factor. Appeal allowed.
590 _aKA
650 2 4 _aHONEYGAN-GREEN V ISLINGTON LBC
650 2 4 _aISLINGTON LBC V HONEYGAN-GREEN
650 2 4 _aHOUSING ACT 1985
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-RESIDENTIAL PROPERTY-OWNER-OCCUPIED RESIDENTIAL PROPERTY
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2008/363.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c80235
_d80235