The appellant had been fostered by the deceased, and on her death continued to live in her house held under a secure tenancy of the respondent. The council sought possession, saying that he was not a member of the deceased’s family within section 113, and that in any event he had not occupied the property for twelve months as required. The court found an estoppel against the council which had given written re-assurance to the deceased that the son would take over the tenancy. The court ordered possession saying the claimant had not met the residency qualification. He had been asked by his firm to work at their London offices.
Held: The claimant’s appeal succeeded. The judge had in his judgment failed properly to address the law and the evidence. There was no evidence to contradict the claimant’s asserted history which established the residency period. He had said that despite the secondment he always intended to return to the house.
Citations:
[2006] EWCA Civ 495
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Crawley Borough Council v Sawyer CA 1987
The court considered whether a tenancy had ceased to be secure by reason of the tenant’s failure to continue to fulfil the condition set by section 81 of the Act of 1985, namely occupation of the property ‘as his only or principal home’. For about a . .
Cited – Brickfield Ltd v Hughes CA 1988
In considering whether a secure tenancy was lost by the tenant abandoning his residence there, the court set out the applicable principles. Where absence is more prolonged than is to be explained by holiday or ordinary business reasons and is . .
Cited – Camden London Borough Council v Goldenberg and Another CA 1-Apr-1996
The appellant had lived for a number of years with his grandmother; had then married; had thereupon moved with his bride for three months into a house owned by friends who were abroad; had, throughout that time, left the bulk of his belongings at . .
Lists of cited by and citing cases may be incomplete.
Housing, Estoppel
Updated: 06 July 2022; Ref: scu.241402
