||All England Reporter
|| All ER (D) 114 (Nov)
|| EWCA Civ 1091
||Court of Appeal, Civil Division
May, Longmore and Carnwath LJJ
||Christopher Heather (instructed by Deborah Collins) for the authority.
||Peter Knox QC and Charles Apthorp (instructed by KSB Law) for the tenant.
||7 November 2007
Housing - Local authority houses - Tenant's right to buy - Enforcement of right - Tenant exercising right to buy - Local authority accepting tenant had right to buy but delaying sale - Tenant serving initial notice of delay - Authority serving counter notice stating no action for them to take - Judge holding authority's notice invalid - Judge directing payments of rent to be treated as part payment of purchase price - Whether judge in error - s 153.
The provided that a RTB8 notice had to be in a prescribed form and that although a notice served by a tenant was not invalidated by an error in, or omission from the particulars, the critical statement that s153B would apply to payments of rent made by the tenant on or after the date of the service of the notice was a requirement of s153A(5). That statement put the landlord on notice as to the consequences of further delay and no amount of benevolent deeming could supply its absence.
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