The Court referred to the ‘Cohen’ Question: ‘. . it is for this court to decide, where such an issue arises, whether, assuming all the facts found by the judge to be correct, the question may, as a matter of law, within the permissible limits of the meaning of the phrase ‘a member of the tenant’s family,’ be answered ‘Yes.”
Megaw LJ
[1979] 1 WLR 3
England and Wales
Citing:
Approved – Brock v Wollams CA 1949
A child had been adopted in fact and lived with the tenant for many years, but had not been formally adopted under the Act claimed to inherit the tenancy on his death.
Held: He was to be considered to be a member of the former tenant’s family . .
Cited by:
Appeal from – Carega Properties SA (formerly Joram Developments Ltd) v Sharratt HL 1979
A widow aged 75 had developed a platonic relationship with a young man aged 24. He lived in her flat for nearly 20 years until she died. They treated themselves as aunt and nephew. The trial judge held that through their relationship this elderly . .
Cited – Fitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
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 . .
These lists may be incomplete.
Updated: 08 July 2021; Ref: scu.215937
