Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
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The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of family relationships in section 113 was not exhaustive. … Continue reading Michalak v London Borough of Wandsworth: CA 6 Mar 2002
The Borough’s tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years. Held: The 1985 Act did not limit its effects to adults. A minor may … Continue reading Royal Borough of Kingston Upon Thames v Prince and Another: CA 2 Dec 1998
The claimant had been a foster son and was now the administrator of the estate of the deceased tenant. He sought to occupy the property as a successor under the 1985 Act. He said that as a former foster child, he had become a member of the deceased’s family and the 1985 should be read … Continue reading Sheffield City Council v Wall (Personal Representatives of) and Others: CA 30 Jul 2010
The appellant had been fostered by the deceased, and on her death continued to live in her house held under a secure tenancy of the respondent. The council sought possession, saying that he was not a member of the deceased’s family within section 113, and that in any event he had not occupied the property … Continue reading Steven We Ping Wall v Sheffield City Council: CA 23 Mar 2006
The applicants were local authority secure tenants. Possession orders had been made, but they sought delay in the order after they had already surrendered possession. Held: Parliament had given wide discretion to the courts to find a balance between the need for local authorities to recover possession where their tenants were in breach, and the … Continue reading Dunn v Bradford Metropolitan District Council etc: CA 31 Jul 2002
A body exercising a statutory duty must give reasons for their decisions. Citations: Times 06-Oct-1993 Statutes: Housing Act 1985 64 Housing Updated: 09 April 2022; Ref: scu.87113
The claimant’s parents were secure joint tenants. After her father left, the mother later died. The respondent served a notice on the father terminating the tenancy since as the survivor and not resident, he was not entitled to continue the tenancy. The claimant sought to succeed to the tenancy. The Court of Appeal allowed the … Continue reading Solihull Metropolitan Borough Council v Hickin: SC 25 Jul 2012
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