The Court of Appeal has held that the death of the secure tenant does not prevent her family member sharing her right to buy
Public Law and Judicial Review, Housing, Local Government
The secure tenant served notice whereby she required her resident family member to share her right to buy. The council admitted her right, but denied her family member’s right. The tenant then died. Her family member brought a claim pursuant to s.181 Housing Act 1985, seeking a finding of fact that he satisfied the residence requirement in s.123(2)(a), and a declaration that he was entitled to “continue” the tenant’s right to buy. Deputy District Judge Watterson was satisfied on the facts, and made the declaration.
The council sought permission to appeal, which was granted by His Honour Judge Luba KC, who also transferred the appeal to the Court of Appeal. The appeal came before Lewison, Andrews, and Zacaroli LJJ. Andrews LJ, giving the sole substantive judgment, held at §2 that “If as a matter of fact, B met the requirements of section 123(1) at the time when A served a notice on the landlord under section 122(1) validly requiring that B share A’s right to buy, B was deemed from that time onwards to be a joint secure tenant with A for the purposes of Part V and shared in the right to buy, even if B’s qualifying status was not established until after A’s death.”
The Court made it clear that it was dealing only with circumstances in which the tenant died, and not with circumstances in which she had ceased to occupy the property as her only or principal home: §56.
Riccardo Calzavara appeared for the council. Read the judgment here.
