Section: Right to Buy

New Regulations

Source: Office of Public Sector Information

The Housing (Right to Buy)(Service Charges) (Amendment)(England) Order 2007 SI 384
Coming into force: 26 March 2007

This Order amends the Housing (Right to Buy)(Service Charges) Order 1986, which sets out the calculation for the inflation allowance to be added to a landlord's estimate of the service charges payable by the tenant for repairs and major works in the initial period of a right to buy lease.

Article 2 of this Order amends the definition of "index figure" in Article 2 of the principal Order. This is necessary to reflect the fact that the relevant index is now published by the Department of Trade and Industry under the name "Output Deflators for Direct Labour: Public Housing Repairs and Maintenance" in the "Quarterly building price and cost indices: public sector construction works."

Case Law Update

The claimant had exercised the Right to Buy of her home, and, in assessing the sale price, a District Valuer had treated the tenancy as having the benefit of a strip of land at the rear.

A dispute then arose as to whether the strip belonged to the claimant or her neighbour. The claimant said the District Valuer's assessment had settled that issue.

The Court of Appeal rejected that assertion. The valuation could not determine the question of ownership. However, on the facts, the judge should have decided that the claimant owned the strip and that it was not part of her neighbour's tenancy.

West v Newham LBC [2007] All ER (D) 299 (Feb), 22 February 2007

Housing Monthly Diary

Issue: March 2007 Reporting on Jan-Feb 2007

Quick Links

Welcome to the Legal Update

Archive Issues Reporting Periods

-->