‘We are the world’- Brent LBC

One test for establishing succession to a secure tenancy by a gay partner (not being a civil partner) has been established since Nutting v Southern Housing Group Ltd [2004] EWHC 2982 (Ch). This test is “that the relationship must be openly and unequivocally displayed to the outside world”. In a possession claim heard at Central London […]

There’s no place like home

Reading BC v Holt is an important case on the approach to be taken by the courts when making possession orders under Ground 16 (and since 1/4/12, 15A) of the Housing Act 1985. Mrs Holt has occupied 28 Southdown Rd, Emmer Green, Reading since her birth in 1953 and she became the successor tenant following the […]

How Limited is that Partnership?

Salvesen and Riddell & Anor v. The Lord Advocate (Scotland) [2013] UKSC 22 It is not common for us to cover Scots Law, or Agricultural Law, here. However, both mores are to be broken in the face of an interesting convention decision from the Supreme Court. Facts You will have to bear with me as […]

When is a spouse a spouse? We’ll find out

Just a note on a permission to appeal hearing: Northumberland & Durham Property Trust Ltd v Ouaha [2013] EWCA Civ 291 [Not on Bailii yet, noted in the Garden Court Bulletin] A Rent Act tenant died in November 2010. The other occupant was his 16 year old son. The son’s mother, Ms Ouaha claimed to have […]

Unclear judgment on unclear occupancy

London Borough of Brent v Tudor [2013] EWCA Civ 157 This was an appeal of a Circuit Judge’s finding that LB Brent’s possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living there. Very unusually, the appeal was in large part a challenge to […]

Article 8, Undue Influence and much, much more…

The recent case of Birmingham CC v Beech contains a wealth of legal issues but sadly for the Defendant, none of them was decided in her favour. Mrs Beech’s parents had been joint tenants of a 3 bedroom property at 31 Tilshead Close, Birmingham since 1967. Mrs B’s father passed away in 1994 and her mother succeeded […]

Article 8 success in the County Court

This was a failed succession case where an article 8 proportionality defence was, at least in part successful. Our thanks to Legal Action ‘Recent Developments in Housing Law’ January 2013 for bringing it to our attention. Affinity Sutton Homes Ltd v Cooper. Bromley County Court 17 October 2012 Mr Cooper senior was a secure tenant […]

Request for information

[Updated 20/12/12. See below] There is a rather odd case note on Lawtel on a High Court appeal of a dismissed defence to possession following an apparently failed succession… Evans v Brent London Borough Council QB (Ramsey J) 18/12/2012 [note of extempore judgment on Lawtel] From the note it appears that Ms Evans was the […]

The Article 8 Toys Go Back in the Box

Thurrock Borough Council v West [2012] EWCA Civ 1435 The Court of Appeal has handed down judgement in a case that will probably come to characterise the operation of Article 8 in the daily life of the County Courts. Facts W’s grandparents (or great grandparents, there was some doubt) were tenants of T. W had […]

Proportionality – between claim and hearing

Well, well. A successful proportionality defence on an introductory tenancy and one upheld on appeal. There is also some helpful confirmation about what can be considered in assessing proportionality. Southend-on-Sea Borough Council v Armour (2012) QBD 18/10/2012 (Not on Bailii. Note on Lawtel and on Garden Court’s site here) Mr A was the introductory tenant […]