Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Local authority was unreasonable in refusing consent to sale of former council house
|
or click here to request site subscription to search and view all judgments |
High Court grants judicial review of a decision by a local authority to refuse consent to sale of dwelling house, where the house had been bought from the local authority in 2005 subject to a condition that it not be sold for 20 years, on the grounds that the reasons for refusal were vague, and that the stated prerequisites to consent were unreasonable.
Applicant and her infant were housed in a property by the respondent in 1990 - applicant purchased the property in 2005 - clause of sale stating that the property could not be sold for 20 years - applicant wants to sell house - a consent to sale form was submitted by the applicant which contained a clause which stated that she would not re-apply to the respondent for housing assistance at any time - consent to sale was not granted by the respondent by letter dated February 2016 as it would leave the applicant without adequate housing - applicant was granted leave to seek ancillary reliefs by judicial review - decision of council vague and opaque - Council seeks details as to applicant's housing arrangements for the next 10-20 years which is unreasonable - order of certiorari granted quashing the decision of the Council communicated to the Applicant by letter dated 30 May 2016, purporting to refuse the Applicant consent to sale of her property - applicant's application remitted to respondent for consideration.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
