Jones v Whitehill: CA 1950

The plaintiff, a woman, out of love and kindness, went to live with her aunt and uncle. On the uncle’s death, she claimed to be entitled to succeed to their tenancy.
Held: On the uncle’s death she was found to be a member of his family. The court rejected the argument that ‘family’ was confined to blood relations. ‘Step’ relationships such as step-children may also qualify, as may children who have been formally adopted. Parliament cannot intend that the tenant’s own child may qualify but a duly adopted child or a step-child may not.


[1950] 2 KB 204


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 . .
CitedMichalak v London Borough of Wandsworth CA 6-Mar-2002
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of . .
Lists of cited by and citing cases may be incomplete.


Updated: 13 May 2022; Ref: scu.215909