Articles tagged Succession
They do things differently over there
Rodriguez v (1) Minister of Housing (2) Housing Allocation Committee [2009] UKPC 52 is perhaps most remarkable for needing to get as far as the Privy Council before a sensible decision was made.
The second respondent was a statutory body responsible for the allocation of social housing in Gibraltar. It had an unwritten and unpublished policy [...]
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Succession – the afterlife of the tolerated trespasser
R (Neville) v London Borough of Wandsworth [2009] EWHC 2405 (Admin) [not on Bailii yet]
This was a renewed application for permission for a Judicial Review of Wandsworth’s refusal of a discretionary succession.
Mr Neville had been living with his mother. Mrs Neville had a secure tenancy from Wandsworth from 1999. In April 2004, a suspended [...]
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Way too secure
Gauci v Malta [2009] ECHR 1280 [Link is to rtf]
Hat-tip to the Garden Court Bulletin for this one.
Mr G owned a property in Malta. It had been let under a 25 year tenancy agreement in 1975. On the expiry of that agreement, the tenants, who owed other property themselves, were able to exercise a right [...]
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Residing, or merely living, with…
Freeman v London Borough of Islington [2009] EWCA Civ 536 was an appeal to the Court of Appeal from a Circuit Judge’s finding that Ms Freeman was not entitled to succeed to her father’s secure tenancy under s.87 Housing Act 1985. At issue was the definition of ‘has resided with the tenant throughout the period [...]
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Dead and gone
The mopping up of the tail end of tolerated trespasser cases continues.
Barry Austin v LB Southwark [2008] EWCA Civ 66 was the Court of Appeal hearing of the appeal from the High Court hearing we noted earlier.
The issue at stake was whether Mr Austin would have a right to apply under s.85 HA 1985 to [...]
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Right to Buy and suitable alternative accommodation
Where a possession order is sought under Ground 16 Schedule 2 Housing Act 1985 (under-occupation on succession), what happens to the tenant’s right to buy? And is this a factor in weighing the suitability of alternative accommodation and the reasonableness of making an order?
Manchester City Council v Benjamin [2008] EWCA Civ 189, a Court [...]
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All back to mine
After yesterday’s note, an all too brief comment on an interesting Court of Appeal case defended by the firm of a regular reader/commenter, William Flack of Flack & Co.
Wandsworth v Randall [2007] EWCA Civ 1126
The situation – son succeeds to a parent’s secure tenancy on their death. The son is, at that point, the sole [...]
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Succession in secure tenancies – House of Lords
An eminently sensible House of Lords decision today in Birmingham CC -v- Walker [2007] UKHL 22, maintaining the sensible Court of Appeal decision ([2006] 1 WLR 2641).
At issue was whether a transmission or change of a tenancy in one of the forms set out in Housing Act 1980, s.88.1 as constituing a succession counted as [...]
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