A grandchild and his wife shared a 2-bedroom flat with the grandmother tenant. There was communal living and eating and no question of a sub-tenancy.
Held: The claim to succession to the tenancy was upheld.
Sellers LJ said: ‘The grandmother, as tenant, had control of the premises, and I find it difficult to see how, without a tenancy of their own, the plaintiff and her husband, making their home there, could be said not to be residing with the grandmother up to the date of her death.’
Judges:
Jenkins, Sellers LJJ
Citations:
[1957] 1 WLR 1108
Citing:
Applied – Edmunds v Jones CA 1957
Lord Evershed MR said: ‘I think that the words ‘residing with’ must be given their ordinary popular significance. They do not, I think, involve any technical import or have some meaning only to be defined by lawyers. Giving them, then, the ordinary . .
Cited by:
Distinguished – Swanbrae Ltd v Elliott CA 1986
The court considered the quality of residence required where a person claimed to be a statutory tenant in succession to her mother, who had been a protected tenant, because she had resided in the premises with her before she died. The appellant had . .
Cited – ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham SC 12-Nov-2014
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 11 May 2022; Ref: scu.554546