30 Mayfield Street, Melton Mowbray, Leicester, LE13 0NW BIR/31UG/RTB/2021/0006

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No BIR/31UG/RTB/2021/0006
Simon WhitakerApplicantMelton Borough CouncilRespondent
D JacksonDate 5 August 2021Property: 30 Mayfield Street, Melton Mowbray, Leicester, LE13 0NW

DECISION

[1]On 12th July 2021 the Local Authority served Notice in Reply to Tenants Right to Buy Claim. The Right to Buy was denied because the Property is particularly suitable for occupation by elderly persons under paragraph 11 of Schedule 5 of the Housing Act 1985.[2]On 28th June 2021 the Applicant applied to the Tribunal.[4]I have now considered Respondent's Statement of Case prepared by a senior solicitor at Melton Borough Council and dated 3rd August 2021. I have also considered Witness Statement of Tracie Waldron dated 2nd August 2021.[5]The Respondent now accepts the Applicant’s entitlement and seeks further Order form the Tribunal. DECISION[6]Under paragraph 11(4) of Schedule 5 to the Housing Act 1985 I determine the question in favour of the Applicant.[7]The Respondent is not entitled to rely on the exception to the right to buy set out in paragraph 11 of Schedule 5 to the Housing Act 1985[8]D Jackson Judge of the First-tier Tribunal 5th August 2021