Right to Purchase

A Right to Buy scheme allows most council tenants to buy their council home at a discount. However, issues can arise if the council is delaying in processing a tenant’s right to buy application. If you have already made a complaint to the council and this does not resolve your issue then you may want to make a complaint to the Local Government and Social Care Ombudsman.

Furthermore, if you have a dispute with the council about the purchase price of the home under the Right to Buy scheme then you may want to consider contacting the District Valuer to determine the price.

Other disputes can be dealt with by the County Court and First Tier Tribunal (Property Chamber Residential Property).

At TV Edwards, our Dispute Resolution solicitors have the knowledge and expertise to advise and assist you if you are having a dispute with your council about their Right to Buy scheme.

Withholding of Consent by Landlord

Assignment

A well-drafted lease will normally contain a provision which prevents the tenant from assigning/ underletting the lease to another party without the landlord’s consent. This provision allows the landlord to maintain control over who the tenant will be throughout the term of the lease. However, this provision is often subject to a qualification that the landlord shall not unreasonably withhold consent to the tenant.

Disputes can therefore arise where the tenant is planning to assign/underlet the premises and the landlord refuses their consent. A tenant can take legal action if they think the landlord is unreasonably withholding their consent as this could constitute a breach of covenant.

Alterations

A similar provision may also exist in respect of the tenant not being able to make alterations to the premises without the landlord’s consent. This is to afford control to the landlord in respect of what physical alterations can be made to the property to ensure that the value of the freehold is not detrimentally impacted. However, this provision may also be subject to the qualification that the landlord cannot unreasonably withhold their consent however this qualification is not as common with an alterations provision as it is with an assignment provision.  

At TV Edwards, our Dispute Resolution solicitors have the experience, knowledge and expertise to advise you if you think your landlord is acting unreasonably. If you are seeking a solicitor to advise you or would generally like to find out more about our services, please contact our Dispute Resolution team at TV Edwards.

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