Weintraub (respondent) v The London Borough of Hackney (appellant)

Thursday 5 December 2024

By Appellant’s Notice filed on 22 May 2024, the Appellant (Respondent below) The London Borough of Hackney, appeal the decision of Mr Justice Zacaroli (as he then was) dated 16 April 2024 which granted the appeal of Mr Weintraub (who was the appellant below). Mr Weintraub sought to purchase his property from the local authority under the provisions of the Housing Act 1985, having been granted a secure tenancy in 2002.

The Local Authority denied his right to buy, on the grounds that he did not reside at the property as his only or principal home. A second application for the right to buy was also refused, and in 2019 was served notice to quit.

Mr Weintraub brought a claim to the County Court for a declaration that he had the right to buy the premises. The matter was heard by HHJ Saunders over two days, after which the claim was dismissed. This was appealed and Mr Justice Zacaroli granted the appeal.

The Council now seek to appeal that decision and the order that flowed from it.

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