Jurisdiction(s):
United Kingdom

Section 81 Housing Act 1985: intention to return as owner satisfies Right to Buy tenant condition – Hackney LBC v Weintraub (Court of Appeal, England and Wales)

Published on: 24 December 2024

Published by a LexisNexis Local Government expert

Legal News

Article summary

Hackney London Borough Council v Weintraub [2024] EWCA Civ 1561

What are the practical implications of this case?

Lady Justice Asplin’s leading judgment offers a helpful overview of earlier case law in this sphere and ought to be considered by local authorities and legal practitioners. The decision turns on a point not previously explored in the authorities and, while noteworthy, is unlikely to have broad, everyday application. Even so, it gives greater weight to a tenant’s claim that they will return to the dwelling once the right to buy has completed, and makes clear that they may come back as an owner-occupier rather than as a tenant. Disputes concerning the tenancy condition more commonly focus on the risk of eviction than on preventing a right to buy from moving forward. The court concluded that a right to buy application may proceed if the tenant can demonstrate a genuine intention to return and provided their absence has not been so extended that security of tenure has been forfeited...

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