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RIGHT TO BUY

December 17th, 2024 by James Goudie KC

In HACKNEY LBC v WEINTRAUB (2024) EWCA Civ 1561 the Court of Appeal holds, dismissing the appeal, that for the purposes of exercising the right to buy premises held under a secure tenancy, the “tenant condition” in the Housing Act 1985 was satisfied if the tenant was not currently living in the property, provided that they intended to return to live there as their only or principal home.  It was not relevant that the intention was to return as an owner, rather than as a tenant.  It was for the Court to decide whether any periods of absence on the tenant’s part broke the continuity of residence for the purposes of determining whether they occupied the premises in accordance with Section 81 of the 1985 Act.

This entry was posted on Tuesday, December 17th, 2024 at 1:22 pm and is filed under Housing. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

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