Swanbrae v Elliott
Swanbrae v Elliott
- 1987
- Estates Gazette 281 (6323) 28 February 1987, 916-920 (4) .
CA 27 November 1986. Appeal by the defendant against a cc decision refusing her claim for a statutory tenancy by succession under Rent Act 1977 sched 1 part 1 para 3 . The claimant was the daughter of a deceased statutory tenant and the only question in dispute was whether she was residing with her mother at the time of and for the period of six months before her mother`s death. She had a home of her own, but visited her mother regularly when she became seriously ill and for six months before her death moved into a spare room in her mother`s house in order to look after her, sleeping there three or four nights a week. Throughout this period the claimant retained the tenancy of her own house, paying the rent and other outgoings and her son continued to live there. CA held, dismissing the appeal, that the claimant did not satisfy the requirement of "residing with" her mother within the meaning of the Act. She had retained her own tenancy and had not "made her home" with her mother. She
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
CA 27 November 1986. Appeal by the defendant against a cc decision refusing her claim for a statutory tenancy by succession under Rent Act 1977 sched 1 part 1 para 3 . The claimant was the daughter of a deceased statutory tenant and the only question in dispute was whether she was residing with her mother at the time of and for the period of six months before her mother`s death. She had a home of her own, but visited her mother regularly when she became seriously ill and for six months before her death moved into a spare room in her mother`s house in order to look after her, sleeping there three or four nights a week. Throughout this period the claimant retained the tenancy of her own house, paying the rent and other outgoings and her son continued to live there. CA held, dismissing the appeal, that the claimant did not satisfy the requirement of "residing with" her mother within the meaning of the Act. She had retained her own tenancy and had not "made her home" with her mother. She
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES