Section: Right to Buy
Case Law Update
In 1998, a secure sole tenant exercised the Right to Buy her home. The property was transferred into her name and that of her partner - expressly as joint owners and as joint tenants.
She later claimed her partner's name had only been included as nominee and that she owned 99% of the equity. She gave notice of severance of the joint tenancy.
Her partner was made bankrupt and the trustee in bankruptcy applied for a declaration that:
- the severance notice be treated as ineffective; and
- the bankrupt be entitled to a half share.
The judge held that:
- The original trust deed had been effective to give both parties a half-interest.
- The claimant had been entitled to apply for setting aside of the severance notice, but, on the exceptional factual circumstances of the case, the Court would not exercise its power to set aside.
Singla v Brown [2007] EWHC 405 (Ch), 1 March 2007
New Regulations
Source: Office of Public Sector Information
The Housing (Right to Buy) (Prescribed Forms) (Amendment) (England) Regulations 2007 SI 784
Came into force: 3 April 2007
Regulation 2 of these Regulations substitutes the form of notice to be used by a tenant claiming to exercise the Right to Buy his or her dwelling-house in accordance with section 122 of the Housing Act 1985. The Regulations apply in relation to houses and flats in England only.
The new form RTB1 is set out in the Schedule to these Regulations and replaces the form set out in Schedule 1 to the Housing (Right to Buy) (Prescribed Forms) Regulations 1986. By virtue of regulation 2 of the 1986 Regulations, a form substantially to the same effect as that set out in the Schedule to these Regulations may be used.
References to civil partners have been included in the new form to reflect the coming into force of the Civil Partnership Act 2004 (c.33).
Other minor drafting changes have been made to the form, including changes to the list of public sector landlords.
© Copyright 1996 - 2008 UK Housing Ltd. Housing Monthly Diary
Issue: May 2007 Reporting on March-April 2007
- Homelessness & Asylum Seekers
- Housing & Estate Management
- Housing Benefit & Council Tax
- Leaseholders' Rights
- Private Sector
- Repairs & Improvements
- Right to Buy
- Security of Tenure
- Social Landlords
Quick Links
Welcome to the Legal Update
