Whether assured tenant or assured shorthold tenant. The tenant appealed against an order for possession. The tenant’s mother had been a statutory tenant under the 1997 Act. The tenant said that she had succeeded to that tenancy as an assured tenant, having been living with her mother at the date of her death and for the two year period preceding her death. The judge had found that she had not been living at the property for the two years required, and that her brother had in fact taken the assured tenancy with her agreement.
Held: The findings corresponded with a proper interpretation of the correspondence put before the court and the appeal failed.
Judges:
Brooke VP CA, Chadwick, Wall LJJ
Citations:
[2004] EWCA Civ 1055
Links:
Statutes:
Rent Act 1997 2(1)(a), Housing Act 1988 39(5)
Jurisdiction:
England and Wales
Housing
Updated: 11 June 2022; Ref: scu.199986