Section: Right to Buy

Case Law Update

A secure tenant gave notice exercising the Right to Buy her flat at a discount. The right was admitted but the transfer was delayed by difficulties over the division of a garden.

During the period of delay, on a rent arrears possession claim, a County Court made a Suspended Possession Order on Form N28. Breach of that Order caused the tenancy to be lost.

The tenant later cleared the arrears and successfully applied to discharge the Order and revive her tenancy. She then sought an injunction to compel conclusion of her previous Right to Buy application.

The Judge granted that injunction but the High Court allowed an appeal. The previous Right to Buy application had ceased to be effective on loss of the tenancy: Housing Act 1985 section 121.

Although the tenancy had revived (and with it a right to buy) the previous Right to Buy application had not revived.

The tenant would need to start the Right to Buy process again.

Islington LBC v Honeygan-Green [2007] EWHC 1270 (QB), 25 May 2007

Legal Update


Enter your email address to receive our e-bulletins advising on updates to the many sections of our website.

We will not share your email address with others or use it for any other purpose.

Reporting on May-July 2007

Quick Links

Log in for current issues of our two online journals

username: password:

Click 'subscribe' for a free access period and more information about subscriptions

Archive Issues Reporting Periods