The appellant had lived for a number of years with his grandmother; had then married; had thereupon moved with his bride for three months into a house owned by friends who were abroad; had, throughout that time, left the bulk of his belongings at the grandmother’s property; at the expiry of the three months had been unable with his wife to find other accommodation for them both; and so had moved alone back to the grandmother’s property. He sought a succession to the tenancy. The authority asserted that he had ceased to reside there.
Held: The possession orer was set aside. A tenancy succession right was not lost by a temporary and conditional move away.
Judges:
Thorpe LJ
Citations:
Times 01-Apr-1996, (1996) 28 HLR 727
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Brickfield Ltd v Hughes CA 1988
In considering whether a secure tenancy was lost by the tenant abandoning his residence there, the court set out the applicable principles. Where absence is more prolonged than is to be explained by holiday or ordinary business reasons and is . .
Cited by:
Cited – Steven We Ping Wall v Sheffield City Council CA 23-Mar-2006
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 . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 28 April 2022; Ref: scu.78848
