Hildebrand and Another v Moon
Hildebrand and Another v Moon
- 1989
- Estates Gazette (1989) 37 EG 123-126(3) .
CA 16 February 1989. Appeal by M from a decision awarding possession of the flat occupied by M to landlords H and G. Cc rejected M`s claim to a statutory tenancy by succession . M was the daughter of the first successor to the tenancy, and the point at issue was whether she had been "residing with" her mother at the time of and for the period of six months before her death. M had acquired her own flat in 1982, but had moved back home to nurse her mother when she became ill. M`s mother died in 1986. There was no doubt that she had been living at the premises for the requisite period of six months; though the cc judge was satisfied that M slept at her mother`s flat and spent most of the day there and accepted that she had redecorated her own flat with a view to selling, he decided that she had not formed a settled intention to become "resident with" her mother. CA disagreed. Appeal allowed.
RENT ACT 1977 SCH 1
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
SWANBRAE LTD V ELLIOTT
CA 16 February 1989. Appeal by M from a decision awarding possession of the flat occupied by M to landlords H and G. Cc rejected M`s claim to a statutory tenancy by succession . M was the daughter of the first successor to the tenancy, and the point at issue was whether she had been "residing with" her mother at the time of and for the period of six months before her death. M had acquired her own flat in 1982, but had moved back home to nurse her mother when she became ill. M`s mother died in 1986. There was no doubt that she had been living at the premises for the requisite period of six months; though the cc judge was satisfied that M slept at her mother`s flat and spent most of the day there and accepted that she had redecorated her own flat with a view to selling, he decided that she had not formed a settled intention to become "resident with" her mother. CA disagreed. Appeal allowed.
RENT ACT 1977 SCH 1
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
SWANBRAE LTD V ELLIOTT