Wiltshire Council have refused my request to purchase my Council property under para 11 of Schedule 5 of the Housing Act 1985 (Right to Buy). The property being particularly suitable for occupation by the elderly ( I am 72). They have previously sold two of these properties, which are terraced bungalows. One of these belongs to my next door neighbour, who purchased privately from the original tenant in 2009. Can I appeal to the First Tier Tribunal on the grounds of precedence, with any chance of success? or would precedence in this case have to be proven in law first?
Please continue. However, the clock is ticking as I have to complete the tribunal forms for submission and may need your assistance on that as well.
The refusal was as previously stated, "Suitable for occupation by the elderly...". No other justification was given. They have completely ignored the fact that two properties were originally sold several years ago by the council to the then existing tenents under the Right To Buy Scheme. Although I advised them of this before applying to purchase.
One of the properties has been sold on privately again, this time to my next-door-neighbour, who is nowhere near sixty. He has also confrmed that there are no age-related covenants in his deeds.
The previous sales appear to have created a precedent. Does this have to be proven in court and is there an example, under the Right To Buy, that could be shown to a tribunal with any chance of success?
Thank you for your very explicit reply. I do have some more questions for you.
The First Tier Tribunal Property Chamber form, RTB1,is headed, "Application for a determination as to whether a dwelling house is suitable for occupation for the elderly".
From this, it would appear that they have already loaded the dice in their favour!
They then ask for details of the property, such as location, suitability for the elderly, including any improvements done by myself. There is nowhere on the form to argue precedent or anything else!
Obviously, I will include a letter protesting their refusal and the reasoning as to why they should grant the appeal.
One other item. Under Para 11 to schedule 5 of the Housing Act 1985. Would the change of Salisbury District Council (the original landlord) to a Unitary Authority (ie: Wiltshire Council) affect the precedent?
Many thanks. I just hope that the Tribunal are prepared to accept the data!