Second (non-) succession

In Holley v Hillingdon LBC [2016] EWCA Civ 1052, Mr Holley was seeking to challenge the council’s decision to evict him and his brother from a three bedroom property that could sleep up to six persons, in which Mr Holley had lived for 32 years of his life and where he was suffering from a range of mental […]

Housing needs and household members

Jones v Luton Borough Council [2016] EWHC 2036 (Admin) This was a judicial review of a decision by Luton Council Housing Appeals and Review Panel not to offer Mr Jones a tenancy of the property of which Mr J’s late father was the tenant, but instead offer a one bed property. Mr J’s mother and […]

Discrimination between death and divorce?

Samawi v Haringey LBC, Claim no: A01EC488, 3 July 2015 Central London County Court Thanks to an Arden Chambers eflash comes news of a County Court case with interesting potential repercussions, albeit probably some way down the line. Mr Samawi was in many respects, a failed second successor. His father had been granted a secure […]

Conscious Re-coupling and Succession

In R (Turley) v LB Wandsworth , the Claimant was the partner of the late Mr Doyle, who was the secure tenant of a property at Battersea Park Rd, London, SW8 from 1995 until his death on 17/3/2012. Mr D and Ms T had 4 children together and they lived at the property throughout, apart from a […]

Ch ch ch ch changes

When is a Secure Tenancy Agreement not a Secure Tenancy Agreement? News has reached us of an interesting case in Bow County Court involving the right to succeed to a secure tenancy and the operation of s.103 of the Housing Act 1985: London Borough of Waltham Forest v Mahmood. S.103 may be an unfamiliar provision to some so this is what it […]

They think it’s all over….

We covered the case of Beech v Birmingham CC in the High Court here. The appeal to the Court of Appeal was heard on 11/6/2014 and judgement was given on 17/6/2014. I will not repeat the facts here except to say that the appeal was narrowed down to only two grounds of challenge: namely that the notice […]

Succession and Sharia

A quick note on a recent Court of Appeal decision: Northumberland & Durham Property Trust Ltd v Ouaha. From 1/8/1980 until his death on 19/11/2010, Mr Al-Faisal held a protected Rent Act tenancy of Flat 15, 1 Royal Avenue House, London, SW3. In 1987, Ms Al-Faisal married the Appellant, Ms Ouaha, in an Islamic marriage ceremony in […]

Housing and Human Rights Round-Up Pt 2

Pelipenko v Russia 16/1/14 We reported the ECtHR’s decision on the merits here. There now follows the Chamber’s decision on the claim for just satisfaction. The Applicants’ claim for the breaches of Art 6 and Art 8 broke down into 4 parts: 1. the purchase costs of a new flat (150K Euros); 2. the costs of […]

‘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 […]