Islington v Honeygan-Green (Honeygan)

Islington v Honeygan-Green (Honeygan)

The right to buy, as established by a particular application, ceases to be exercisable when a possession order is made obliging the tenant to give up possession; revival of tenancy does not revive the previous right to buy application, and an injunction cannot be granted when arrears remain outstanding or all matters relating to the grant are not agreed or determined.

Parties
Claimant/appellant: London Borough of Islington; Defendant/respondent: Manelva Honeygan-Green (Sued as M Honeygan)
Jurisdiction
England and Wales
Judgment Date
25 May 2007
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Right to Buy, Secure Tenancy, Statutory Interpretation, Possession Orders, Injunctions
Housing Law Property Law Right to Buy Secure Tenancy Statutory Interpretation Possession Orders Injunctions

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Parties

London Borough of Islington

Claimant/appellant

Manelva Honeygan-Green (Sued as M Honeygan)

Defendant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the determination of a secure tenancy by a possession order abrogates an existing right to buy application or if it can be revived upon revival of the tenancy
  2. 2 Whether an injunction can be granted to enforce the right to buy when arrears remain outstanding
  3. 3 Interpretation of section 121 and 138 of the Housing Act 1985

Ratio Decidendi

The right to buy, as established by a particular application, ceases to be exercisable when a possession order is made obliging the tenant to give up possession; revival of tenancy does not revive the previous right to buy application, and an injunction cannot be granted when arrears remain outstanding or all matters relating to the grant are not agreed or determined.

Court Disposition

appeal allowed

Orders

  • Matter remitted to County Court for further consideration of factual issues
  • Submissions on costs to be heard