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Swanbrae Ltd v Elliott: CA 1986

The court considered the quality of residence required where a person claimed to be a statutory tenant in succession to her mother, who had been a protected tenant, because she had resided in the premises with her before she died. The appellant had visited frequently and then had moved in on a part-time basis to nurse her sick mother while retaining a home elsewhere.
Held: ‘residing with’ meant more than ‘living at’; a person claiming a statutory tenancy had to show that she had made her home in the premises.

Judges:

Swinton Thomas LJ

Citations:

(1986) 19 HLR 86

Jurisdiction:

England and Wales

Citing:

DistinguishedCollier v Stoneman CA 1957
A grandchild and his wife shared a 2-bedroom flat with the grandmother tenant. There was communal living and eating and no question of a sub-tenancy.
Held: The claim to succession to the tenancy was upheld.
Sellers LJ said: ‘The . .

Cited by:

CitedZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham SC 12-Nov-2014
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 08 May 2022; Ref: scu.554545

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