Kensington & Chelsea v Hislop

Kensington & Chelsea v Hislop

The deliberate failure by the Borough to process the tenant's right to buy application, without justification and without informing the tenant, was a decisive factor making it unreasonable to grant a possession order. The judge was entitled to give this factor significant weight, and there was no error of law in his approach. The alternative accommodation offered was unsuitable due to cost and capacity. The appeal was therefore dismissed.

Parties
Claimant: The Royal Borough of Kensington & Chelsea; Defendant: Ms Marilyn Hislop
Jurisdiction
England and Wales
Judgment Date
05 December 2003
Procedural Posture
Appeal / Judgment After Appeal Hearing
Outcome
Appeal dismissed
Legal Topics
Right to Buy, Possession Proceedings, Secure Tenancy, Statutory Interpretation
Land Law Housing Law Civil Procedure Right to Buy Possession Proceedings Secure Tenancy Statutory Interpretation

Case Brief

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Parties

The Royal Borough of Kensington & Chelsea

Claimant

Ms Marilyn Hislop

Defendant

Procedural Posture

Appeal / Judgment After Appeal Hearing

Legal Issues

  1. 1 Whether the landlord's failure to process the tenant's right to buy application justifies refusal of a possession order
  2. 2 Whether it was reasonable to make a possession order under section 84(2)(c) of the Housing Act 1985
  3. 3 Whether the alternative accommodation offered was suitable

Ratio Decidendi

The deliberate failure by the Borough to process the tenant's right to buy application, without justification and without informing the tenant, was a decisive factor making it unreasonable to grant a possession order. The judge was entitled to give this factor significant weight, and there was no error of law in his approach. The alternative accommodation offered was unsuitable due to cost and capacity. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • The Borough's appeal is dismissed.