Copping v Surrey County Council

Copping v Surrey County Council

The relevant date for valuation under the right to buy provisions of the Housing Act 1985 is the date of the section 122 notice upon which the right to buy is established in proceedings. In this case, as the proceedings were based solely on the 2001 notice, that is the relevant date. The statutory scheme does not...

Source-derived case information.

Parties
Appellant: Copping; Respondent: Surrey County Council
Jurisdiction
England and Wales
Judgment Date
21 December 2005
Procedural Posture
Civil Appeal / Second Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Right to Buy, Valuation Date, Statutory Interpretation
Property Law Housing Law Right to Buy Valuation Date Statutory Interpretation

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Parties

Copping

Appellant

Surrey County Council

Respondent

Procedural Posture

Civil Appeal / Second Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 What is the relevant date for valuation of the property under the Housing Act 1985 when exercising the right to buy?
  2. 2 Does a notice under section 122 of the Housing Act 1985 remain effective if not withdrawn in writing, despite long inaction?

Ratio Decidendi

The relevant date for valuation under the right to buy provisions of the Housing Act 1985 is the date of the section 122 notice upon which the right to buy is established in proceedings. In this case, as the proceedings were based solely on the 2001 notice, that is the relevant date. The statutory scheme does not permit indefinite reliance on an earlier notice that was not pursued.

Court Disposition

appeal dismissed

Orders

  • Declaration that the relevant time the claimants exercised their right to buy was by the written notice served on 2 July 2001.