I still think it was absurd of the council and the Deputy District Judge to suggest that in succession cases the composition of the household of the successor should be considered only at the time of the succession ie at the time of the death of the tenant. By definition any property will be under occupied at that time and a smaller property will be suitable for the successor at that point as the tenant has just died thereby reducing the size of the household. I am glad that as you say the Court of Appeal were not having any of this nonsense.