Right To Buy Rights

Right to Buy v Possession Application

Basildon District Council v Wahlen [2006] EWCA Civ 326
CA
28 March 2006
Daily Law Notes Report Summary

At a hearing of a local authority's claim for possession pursuant
to ground 16 of Sch 2 to the Housing Act 1985 of a property where
the tenant claimed an injunction to enforce his right to buy
pursuant to s 138(1), the judge had to carry out a balancing
exercise. The mere fact that the conditions in s 138 were
fulfilled did not dictate the priority of the competing claims.