A claim was made for a statutory succession to an assured tenancy. The judge had found that the appellant was occupying the flat at the time of the death of her father (the tenant) as her only home, but that she had not ‘resided with’ him throughout the previous year. This was so despite the fact that she had actually stayed in the flat with him full-time during that year.
Held: The focus was on the statutory words ‘resided with’, looking at the claimant’s actions and ascertaining whether they exhibited a ‘home-making intention’ rather than merely staying with the tenant for a limited time and a limited purpose.
Judges:
Waller, Longmore, Jacob LJJ
Citations:
[2009] L and TR 23, [2009] 24 EG 85, [2011] PTSR 1695, [2010] HLR 6, [2009] EWCA Civ 536
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
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: 26 July 2022; Ref: scu.346824
