The deceased tenant and the appellant had lived together in a violent alcoholic homosexual relationship. The appellant had claimed to have succeeded to the tenancy on his partner’s death. The authority said the relationship had been at an end, and no succession took place.
Held: The appellant had failed to demonstrate that his relationship with the deceased displayed a sufficient commitment to permanence to meet the test required for a succession.
Judges:
Evans-Lombe J
Citations:
Times 05-Jan-2005, [2004] EWHC 2982 (Ch), [2005] HLR 25, [2005] 2 P and CR 14, [2005] Fam Law 210, [2005] 1 FLR 1066
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Helby v Rafferty CA 1979
The court declined to hold that a man who had lived with a woman tenant for five years before her death were part of the same family because they had deliberately opted to retain their formal independence and they had not been recognised as being . .
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Cited – Chios Property Investment Ltd v Lopez 1987
When asked to consider whether a person cohabiting with a tenant before his death, and seeking a statutory tenancy after his death, the court stressed the importance of a ‘sufficient state of permanence and stability’ having been reached in the . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 29 September 2022; Ref: scu.220581
