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31 May 2007
Issue: 7275 / Categories: Case law , Law reports
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Housing—Local authority housing—Tenant’s right to buy

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Islington London Borough Council v Honeygan-Green [2007] EWHC 1270 (QB)

Queen’s Bench Division
Nelson J

25 May 2007

If the right to buy a local authority property “cannot be exercised” in the words of s 121 of the Housing Act 1996 (HA 1996) because the tenant has been obliged to give up possession, then the application which established that right ceases to be exercisable. Revival of the old tenancy will revive the statutory right to buy, but not a previous application lost by virtue of the operation of s 121.

Iain Colville (instructed by Louise Round) for the authority.
Adrian Jack (instructed by Wilson Barca) for the tenant.

In July 1990 the tenant became a secure tenant of the property. She made an application to buy the property in May 2000. The application was admitted under HA 1996, s 124 and a discounted price for the 125-year lease set at £137,000. On several occasions she fell into arrears and the authority obtained a possession order in 2002, which was suspended on condition that

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