Gammans v Ekins: CA 1950

The plaintiff had lived with a woman tenant for over 20 years and they had been regarded in the neighbourhood as man and wife.
Held: He could not thereby be deemed a member of her family for the Act of 1920. If their relationship was sexual ‘it seems to me anomalous that a person can acquire a ‘status of irremovability’ by living or having lived in sin, even if the liaison has not been a mere casual encounter but protracted in time and conclusive in character.’ and membership of the same family as limited to three relationships: that of children, that constituted by way of legitimate marriage and, thirdly, relationships whereby one person becomes in loco parentis to another. (Asquith LJ) and
Lord Evershed: ‘It may not be a bad thing that by this decision it is shown that, in the Christian society in which we live, one, at any rate, of the privileges which may be derived from marriage is not equally enjoyed by those living together as man and wife but who are not married.’


Lord Evershed MR, Asquith LJ


[1950] 2 KB 328


Increase of Rent and Mortgage Interest (Restrictions) Act 1920


England and Wales

Cited by:

CitedFitzpatrick 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 . .
DisapprovedDyson Holdings Ltd v Fox CA 17-Oct-1975
The defendant had lived with the tenant for 21 years until his death. They were unmarried and had no children. Reversing the County Court judge, the Court of Appeal ruled that she was a member of his family. It was absurd to distinguish between two . .
CitedSecretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
Lists of cited by and citing cases may be incomplete.


Updated: 13 May 2022; Ref: scu.215910