How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
Type Your Law Question Here...
Ash is online now

Wiltshire Council have refused my request to purchase my

This answer was rated:

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?

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 3 years ago.

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.

We will continue to look for a Professional to assist you.
Thank you for your patience,
Hello my name is ***** ***** I will help you with this.
For now please let me know why they say they have refused yours and allowed others in the same position?
Customer: replied 3 years ago.

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. If they have allowed at least 1 other purchase in the same position then you are quite right to appeal. They need to treat everyone equally.
If there is a precent that they have sold to someone else and it appears they have, then by appealing you are saying that they are not treating everyone the same. They should treat everyone the same.
You can appeal and show that they have taken into account irrelevant factors and failed to take into account relevant factors. By appealing they have to show that your case is unique. If your situation is not unique and they have allowed previous purchases then you will win.
With an appeal it is a free process for you - even if you lose there is no risk. But the fact they have allowed others with the same or similar position, shows you have a great chance.
Can i clarify anything for you about this today please?
Customer: replied 3 years ago.

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?

No - just because there was a change does not mean that the precedent changes.
It was still the local authority for the purposes of this application.
Does that help?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Many thanks. I just hope that the Tribunal are prepared to accept the data!

Indeed. Good luck