Q&As

What powers and duties does a housing authority to resolve disputes cross alleging anti-social behaviour between the right to buy owners and a secure tenant that the housing authority consider, do not amount to anti-social behaviour but cause endless complaints?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 04/01/2018

The following Local Government Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • What powers and duties does a housing authority to resolve disputes cross alleging anti-social behaviour between the right to buy owners and a secure tenant that the housing authority consider, do not amount to anti-social behaviour but cause endless complaints?

A local housing authority will generally have more duties towards a tenant of theirs than they will towards a right to buy (RTB) owner. On the basis that the local authority will often be the freeholder of the property which the RTB owner has bought the leasehold interest in, the local authority may still have a legal relationship with the RTB owner (ie the relationship of freeholder and leaseholder), however, as a freeholder the local authority’s involvement in day-to-day management of the property and the leaseholder’s conduct will generally be more limited.

In the case of the local authority’s secure tenant, the local authority will naturally have far more day-to-day involvement with the tenant than they would with the RTB owner or leaseholder. However, the local authority does not have a duty to take legal action against the RTB owner in order to prevent anti-social behaviour which is troubling the local authority’s secure tenant. In O’Leary v Islington LBC [1983] 9 HLR 81 (not reported by LexisNexis®), the Court of Appeal held (in a case involving anti-social behaviour by one council tenant towards another council tenant) that there is no implied term in a tena

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