Source: All England Reporter
Publisher Citation: [2008] All ER (D) 146 (Jun)
Neutral Citation: [2008] EWCA Civ 624
Court: Court of Appeal, Civil Division

Sir Anthony Clarke MR, Arden and Jacob LJJ

Representation Dominic Preston (instructed by Glazer Delmar) for the claimant.
  Christopher Heather (instructed by the Legal Services Dept of Southwark LBC) for the authority.
Judgment Dates: 12 June 2008


Housing - Local authority houses - Tenant's right to buy - Tenant claiming right to buy lease of flat - Rent having been paid out of housing benefit - Whether price of lease to be reduced by reference to housing benefit used to pay off rent in same way as if rent had been paid out of tenant's own money - ss 153A(5), 153B.

The Case

On the true interpretation of the ss153A(5), 153B and 155(3A) thereof applied to rent paid by way of housing benefit on behalf of a tenant in the same way as they applied to rent actually paid by him.

Practice Areas

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