Howe v Brent London Borough Council [2024] EWCA Civ 1444 (27 November 2024)

Howe v Brent London Borough Council [2024] EWCA Civ 1444 (27 November 2024)

Where a secure tenant validly requires a family member to share the right to buy under section 123 of the Housing Act 1985, and the family member meets the statutory conditions at the time the notice is served, the family member is deemed a joint secure tenant for the purposes of Part V from that time. If the secure tenant dies before the right is established by the landlord or court, the surviving family member may continue the right to buy process as the deemed secure tenant, provided they continue to occupy the property as their sole or main home.

Citation
[2024] EWCA Civ 1444
Parties
Respondent/claimant: John Howe; Appellant/defendant: Brent London Borough Council
Jurisdiction
England and Wales
Judgment Date
27 November 2024
Procedural Posture
Civil Appeal / Appeal From County Court Decision
Outcome
Appeal dismissed
Legal Topics
Right to Buy, Secure Tenancy, Succession Rights, Statutory Interpretation
Housing Law Property Law Right to Buy Secure Tenancy Succession Rights Statutory Interpretation

Case Brief

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Parties

John Howe

Respondent/claimant

Brent London Borough Council

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 Whether a family member of a secure tenant can exercise a shared right to buy after the tenant's death but before the landlord has accepted or the court has established the family member's right.

Ratio Decidendi

Where a secure tenant validly requires a family member to share the right to buy under section 123 of the Housing Act 1985, and the family member meets the statutory conditions at the time the notice is served, the family member is deemed a joint secure tenant for the purposes of Part V from that time. If the secure tenant dies before the right is established by the landlord or court, the surviving family member may continue the right to buy process as the deemed secure tenant, provided they continue to occupy the property as their sole or main home.

Court Disposition

Appeal dismissed

Orders

  • The decision of Deputy District Judge Watterson is affirmed.
  • John Howe is entitled to continue the right to buy process as the deemed secure tenant.