The Borough’s tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years.
Held: The 1985 Act did not limit its effects to adults. A minor may not have capacity to own a legal estate, but may have an equitable tenancy. The Settled Land Act operated to create a trust and a settlement for the interest to be held for a child. Minors are capable of being persons in housing law. A minor can hold an equitable tenancy of any property, including a council house.
Judges:
Roch LJ, Hale DBE J
Citations:
[1998] EWCA Civ 1891, (1999) 31 HLR 794
Statutes:
Housing Act 1985 79 87 113(1), Law of Property Act 1925 1(1), Settled Land Act 1925 27(1)
Jurisdiction:
England and Wales
Citing:
Cited – Portman Registrars v Mohammed Latif 1987
A minor can succeed to a statutory tenancy under the Rent Acts. A statutory tenancy is not an interest in land and a minor does have the capacity to contract for necessaries such as lodging. . .
Cited – Regina v London Borough of Tower Hamlets ex parte Von Goetz CA 8-Oct-1998
A ten year shorthold tenancy agreement which was not executed under deed constituted an equitable interest, and since more than five years remained, the tenant had sufficient interest to found a claim for a council grant for renovation and repairs. . .
Cited – Kelly v Monklands District Council 1986
A local authority’s housing duties may be owed to a child if that child is living independently of its parents. . .
Cited – Hypo-Mortgage Services Limited v Robinson and Another CA 17-Nov-1996
The court refused parents leave to appeal against a mortgage possession order, rejecting their argument that children living with them had a beneficial interest in the mortgaged premises and were thus ‘in actual occupation’ so as to have overriding . .
Cited – Regina v Oldham Metropolitan Borough Council ex parte Garlick and similar HL 19-Mar-1993
No homelessness priority could be established by means of having a child applying for housing, rather than his or her parent. An application by a person suffering mental disability who would also be dependent upon others was also rejected. In each . .
Lists of cited by and citing cases may be incomplete.
Housing, Children, Trusts
Updated: 27 November 2022; Ref: scu.145370