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By J
30/03/2013

Non-qualifying successors and counting time

Just a short note to alert readers to the case of LB Islington v Doner [2012] EWCA Civ 1745 (casetrack only, as far as I can tell). Since 2007, Doner had moved into a flat owned by LBI. The secure tenant was the former partner of Doner’s grandmother. Doner cared for the secure tenant until his death in November 2008. LBI issued possession proceedings which Doner defended on art.8 grounds.

Both the county court found for LBI. Jackson LJ granted permission to appeal at an oral hearing. The primary issue seems to be the length of occupation. The trial judge seems to have treated it as about 14 months (i.e. the period during which Doner was providing care) whereas Doner argues it is 5 years or so (i.e. as at the date of the possession hearing).

We will, of course, bring you the result of the substantive appeal once we know it.

J is a barrister. He considers housing law to be the single greatest kind of law known to humankind and finds it very odd that so few people share this view.

1 Comment

  1. michael paget

    The appeal has been compromised with Ms Doner being granted a secure tenancy of the property.

    It would have been interesting to see how the CA tackled the balance between a failed successor who was vulnerable and not under-occupying normal accommodation against the authority’s general housing management functions but where it put no positive case in relation to the specific property.

    Reply

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