First-tier Tribunal Denies Right to Buy Exemption
📌 In brief
The First-tier Tribunal decided that a property was not exempt from the Right to Buy scheme because it did not meet the criteria set out in the Housing Act 1. The Tribunal found that the property was not particularly suitable for elderly residents and had not been let to a tenant aged 60 or over before 1990.
⚖️ Legal holding
A property is not exempt from the Right to Buy scheme if it does not meet the criteria set out in paragraph 11 of Schedule 5 to the Housing Act 1985.
📖 What the law says
A secure tenant of a house in England can buy the freehold of the house if the landlord owns the freehold. If the property is a flat or the landlord doesn't own the freehold, the tenant can get a lease of the flat.
Local housing authorities can provide facilities for getting meals and refreshments, as well as facilities for doing laundry and laundry services, according to the needs of the people living there. They can also charge reasonable fees for these services.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal ruled that the property is not exempt from the Right to Buy scheme under the Housing Act 1985.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined that a property was not exempt from the Right to Buy scheme under paragraph 11 of Schedule 5 to the Housing Act 1985, as it did not meet the specified criteria.
📚 Full judgment Official document
OUTCOME: Allowed
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : MAN/00FF/RTB/2019/0014 Property : 2 [ADDRESS] [POSTCODE]
Applicant : [redacted] Respondents : [redacted] Type of Application : DETERMINATION AS TO EXCEPTION OF THE PROPERTY FROM “RIGHT TO BUY”
Tribunal Members : [NAME], LLB
J Jacobs, MRICS
Date of Decision : 13 December 2019
DECISION
© CROWN COPYRIGHT 2019
Paragraph 11 (1)(b) of Schedule 5 to the Housing Act 1985 does not apply to the Property, and consequently the Respondent may not rely on the exception to the right to buy set out in that paragraph.
REASONS 1. This is an application made by the tenant to the Tribunal to determine whether the exception to the right to buy in paragraph 11 of Schedule 5 to the Housing Act 1985 (“the Act”) applies to 2 Frobisher House, York (“the Property”).
2. The Respondent council leased the Property to Mr [RESPONDENT] on 21 July 2008. On 18 July 2019 the Respondent refused Mr [RESPONDENT] application to buy the Property pursuant to section 118 of the Housing Act 1985, and on 28 October 2019 he filed this application.
3. In refusing Mr [RESPONDENT] application, the Respondent relied on paragraph 11 of Schedule 5 to the Act, which provides an exception to the right to buy if the dwelling (a) is particularly suitable for occupation by elderly persons; and (b) was let to the tenant or a predecessor in title of the tenant for occupation by a person who was aged 60 or over; and (c) was first let prior to 1st January 1990. The paragraph gives the Tribunal jurisdiction to determine whether or not this exception applies.
4. The Tribunal inspected the Property on 15 November 2019. At that time it was unclear whether the Respondent continued to object to Mr [RESPONDENT] application to buy the Property, and no determination was made. The parties were invited to make further representations in writing.
5. No further representations were received from the Respondent. Mr [RESPONDENT], represented by his father, claims that the property is not suitable for occupation by the elderly for various reasons. The Tribunal has not made a determination on this issue.
6. The Respondent does not have a record as to whether the Property was first let and the Tribunal has not made a determination on this issue.
7. Mr [NAME] informs the Tribunal, and the Tribunal accepts, that when the Property was let to him he was not a successor in title to any previous tenant. Mr [APPELLANT] is aged 34 and no-one aged 60 or over has occupied the Property since it was let to him. It follows that the conditions for excluding the right to buy have not been met, and that the Respondent may not rely on paragraph 11 of Schedule 5 to the Act.
Tribunal Judge A. Davies 13 December 2019
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Rejects Right to Buy Exemption for Elderly Persons
- First-tier Tribunal (Property Chamber) Tenant Wins Right to Buy Property Built After 1990
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Balcony Repairs
- First-tier Tribunal (Property Chamber) Tenant Secures Rent Repayment Order for Unlicensed HMO Management
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Roof Repairs
- First-tier Tribunal (Property Chamber) First-tier Tribunal Rejects Denial of Right to Buy for Elderly Person
- First-tier Tribunal (Property Chamber) Tenant Denied Right to Buy Due to Property Suitability for Elderly
- First-tier Tribunal (Property Chamber) First-tier Tribunal Denies Right to Buy for Elderly-Suitable Property
- First-tier Tribunal (Property Chamber) Right to Buy Denied for Elderly Suitable Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Denies Right to Buy Appeal for Property Suitable for El…
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The property was first let after 1 January 1990.
- The property lacks reliable transport services providing at least three weekly shopping opportunities.
- The property contains significant physical barriers and challenges.
❌ Tends to be rejected
- The property is particularly suitable for elderly persons.
- The property was let before 1 January 1990 to a tenant aged 60 or more.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided that the property was not exempt from the Right to Buy scheme.
Who was involved?
The tenant and the local council were involved.
How did the court decide, and why?
The court decided that the property was not exempt because it did not meet the criteria set out in the Housing Act 1985.
Which laws or rules were applied?
The Housing Act 1985, specifically paragraph 11 of Schedule 5, was applied.
What was the argument that mattered most?
The argument that mattered most was that the property did not meet the criteria for being exempt from the Right to Buy scheme.
Was the decision for or against the person who brought the case?
The decision was in favour of the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure their property meets the criteria for exemption if they wish to avoid the Right to Buy scheme.
What evidence or documents mattered?
Evidence regarding the suitability of the property for elderly residents and the age of the tenants was considered.
Can a decision like this be appealed?
Yes, decisions like this can often be appealed to a higher court.
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for cases involving legal disputes.