Comments on: Succession – the afterlife of the tolerated trespasser http://nearlylegal.co.uk/blog/2009/11/succession-the-afterlife-of-the-tolerated-trespasser/ Housing law news and comment Wed, 23 May 2012 13:10:25 +0000 hourly 1 http://wordpress.org/?v= By: NLhttp://nearlylegal.co.uk/blog/2009/11/succession-the-afterlife-of-the-tolerated-trespasser/#comment-156548 NL Tue, 14 Feb 2012 15:25:10 +0000 http://nearlylegal.co.uk/blog/?p=3703#comment-156548 Frednach I don't think that you can say these are all general principles. What if there is no policy that provides for a discretionary succession? Frednach

I don’t think that you can say these are all general principles. What if there is no policy that provides for a discretionary succession?

]]> By: frednachhttp://nearlylegal.co.uk/blog/2009/11/succession-the-afterlife-of-the-tolerated-trespasser/#comment-155780 frednach Mon, 13 Feb 2012 15:52:31 +0000 http://nearlylegal.co.uk/blog/?p=3703#comment-155780 The precise issue regarding succession has become confused and conflated with a pre-ponderence of cases and authorities applying different polices and criteriors depending on the types of tenancies, on otherwise a simple issue. For simplicities sake I would summise as follows: 1 normal succession to partner or family member who must be living at premises for between 6 to 12 months; discretion to be applied to shorter period see Freeman v Islington 2009 for a set of reasonable criterions 2 where above does not apply authotities to consider discretionary succession, again applying same criterions applied under above case re issue as to meaning of 'residence'- intention, purpose, length, community ties, no other place to go to; in short as the Judge said there it was to be for all intents and purposes 'more than merely staying'. 3 Authorities to apply secondary succession in appropriate cases see above case in poiints where new tenancy was effectively created due to length of time with the death of the principle tenant 4 Claimants to seek juducial review upon succession as applied above or otherwise and ask for adverse tenancy where authorities are made aware of death of original tenant but fail to issue possession notice between six and 12 months. The precise issue regarding succession has become confused and conflated with a pre-ponderence of cases and authorities applying different polices and criteriors depending on the types of tenancies, on otherwise a simple issue. For simplicities sake I would summise as follows:

1 normal succession to partner or family member who must be living at premises for between 6 to 12 months; discretion to be applied to shorter period see Freeman v Islington 2009 for a set of reasonable criterions

2 where above does not apply authotities to consider discretionary succession, again applying same criterions applied under above case re issue as to meaning of ‘residence’- intention, purpose, length, community ties, no other place to go to; in short as the Judge said there it was to be for all intents and purposes ‘more than merely staying’.

3 Authorities to apply secondary succession in appropriate cases see above case in poiints where new tenancy was effectively created due to length of time with the death of the principle tenant

4 Claimants to seek juducial review upon succession as applied above or otherwise and ask for adverse tenancy where authorities are made aware of death of original tenant but fail to issue possession notice between six and 12 months.

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