000 01697cad a22002175a 4500
001 L147881
008 090625e20090618xxk f v 000 0 eng d
035 _a(Sirsi) u147881
041 0 _aeng
245 0 4 _aRyan v London Borough of Islington
_h[electronic resource]
260 _c2009
520 _a[2009] EWCA Civ 578, 19 June 2009. The case relates to the remedying of subsidence to a local authority flat subject to a right to buy. Ms Ryan (R) had a secure tenancy of a local authority flat. She served notice of her right to buy in January 2003. In June 2003, L noted that specialist works were required, indicating subsidence. The valuer's report did not mention subsidence, however a subsequent inspection diagnosed subsidence to the rear extension. The repairs were not done. R appealed against an order specifying dismissal of her claims for a declaration that her right to buy the property was not withdrawn and for damages in the loss of her right to buy. "Held": Subsidence was not a structural defect. Part V of the Housing Act 1985 contained nothing giving the right of a purchasing tenant to insist on having any structural defects or any items of disrepair to be remedied before completion. L could not be taken to have accepted responsibility for this type of loss. The appeal is dismissed.
590 _aKA
650 2 4 _aRYAN V LONDON BOROUGH OF ISLINGTON
650 2 4 _aR V SOS ENVIRONMENT EX P O'BYRNE
650 2 4 _aHOUSING ACT 1985
651 4 _aEngland and Wales
_y1543-
690 _aBUILT ENVIRONMENT-BUILDING PATHOLOGY-SUBSIDENCE
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2009/578.html
_zView the case free of charge at www.bailli.org...
942 _n0
999 _c81670
_d81670