Source: All England Reporter
Publisher Citation: [2010] All ER (D) 01 (Aug)
Neutral Citation: [2010] EWCA Civ 868
Court: Court of Appeal, Civil Division
Judge:

Lord Neuberger MR, Laws and Sullivan LJJ
Representation Catherine Rowlands (instructed by Solihull Metropolitan Borough Council Legal Services) for the authority.
  Nicholas Nicol (instructed Evans Derry Binnion) for the defendant.
Judgment Dates: 27 July 2010

Catchwords

Housing - Local authority houses - Security of tenure - Secure tenancy - Succession on death of secure tenant - Tenancy being granted to defendant's mother and father - Father moving out - Mother dying some years later - Defendant continuing to reside in property - Local authority bringing possession proceedings against defendant - Whether defendant family member entitled to succeed to tenancy - , .

The Case

Housing Local authority houses. The Court of Appeal, Civil Division, held that the defendant was not entitled succeed as the tenant of a local authority property, in circumstances where the property had been let to the defendant's parents, the father had left and the mother had subsequently died. The property went to the defendant's father and as he was not residing there the authority was entitled to possession of the property.

Practice Areas

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