Weintraub v Hackney London Borough Council

Subject Matter

HOUSING — Secure tenancy — Right to buy

[2024] EWHC 845 (Ch), Ch D

HOUSING — Secure tenancy — Right to buy — Secure tenant ceasing to spend nights at property — Secure tenant applying to exercise right to buy lease of property with a view to returning to spending nights property as owner following renovation works — Local authority denying right to buy on grounds secure tenant not residing at property as only or principal home — Whether intention to return to property as owner satisfying statutory tenant condition for purposes of right to buy — Whether tenant having right to buy — Housing Act 1985 (c 68), ss 81, 118

[2024] EWCA Civ 1561; [2025] 1 WLR 1766; [2025] WLR(D) 10, CA

HOUSING — Secure tenancy — Right to buy — Tenant not in physical occupation of property — Tenant applying to exercise right to buy lease of property with intention of subsequently returning to property — Whether tenant occupying property as only or principal home so as to satisfy “tenant condition” — Whether intention to return to property as owner sufficient to satisfy “tenant condition” — Housing Act 1985 (c 68), s 81

[2024] EWCA Civ 1561; [2025] 1 WLR 1766; [2025] WLR(D) 10, CA

Appellate History

Commentary

Local Government Lawyer
Judges reject appeal by council in dispute over entitlement to right to buy Case comment