Howe v London Borough of Brent [2024] EWCA Civ 1444
Successful in a Court of Appeal Judgment today that people (well…Lawyers… if they are actually people) might find interesting.
The Court of Appeal confirmed that a family member of a secure tenant with a right to buy their home is able to exercise a shared right to buy if the tenant, whose right is established, dies after the family member’s entitlement to share the right has been claimed, but before the landlord has accepted the family member’s right or it has been established by the County Court.
*The Judgment in Howe confirms (arguably extends- hence the terrible double pun in the title) the Court’s dicta in Harrow LBC v Tonge (1993) 25 HLR 99 which found that the family member of a secure tenant could continue a Right to Buy after the secure tenant’s death if that right had been established.
A shout out to my valiant opponent Riccardo Calzavara of Cornerstone (who very eloquently did everything a Barrister could to persuade the Court otherwise) & to Deputy DJ Watterson (of Garden Court North) whose judgment (on, so people tell me, her first sitting day in the County Court) was upheld appeal.