Birmingham City Council (Appellants) V Walker (FC) (Respondent) [electronic resource]
Birmingham City Council (Appellants) V Walker (FC) (Respondent) [electronic resource]
- 2007
[2007] UKHL 22, 16 May 2007. B appealed against a decision (L134041) granting W the right to succeed to his mother's local authority housing tenancy after her death. W's mother became a tenant with her husband in 1965, and succeeded to become the sole tenant in 1969 following his death. This became a secure tenancy when the Housing Act 1980 came into force. B argued that W could not succeed to his mother?s tenancy as the Act allowed for succession of tenancy only once, and she herself had succeeded to that sole tenancy from her joint tenancy with her husband. "Held": The Housing Act 1985 s88 limited the number of successions to one, but could not apply to events which predated it. Therefore W's mother should not be considered a successor to the tenancy, but rather a tenant capable of succession by her offspring. The intention of s88 was to close possible loopholes within the 1980 Act, but there was no cause to apply it to events which predated that Act. Appeal dismissed.
HOUSING ACT 1980
HOUSING ACT 1985 S88
BIRMINGHAM CITY COUNCIL V WALKER
England and Wales--1543-
[2007] UKHL 22, 16 May 2007. B appealed against a decision (L134041) granting W the right to succeed to his mother's local authority housing tenancy after her death. W's mother became a tenant with her husband in 1965, and succeeded to become the sole tenant in 1969 following his death. This became a secure tenancy when the Housing Act 1980 came into force. B argued that W could not succeed to his mother?s tenancy as the Act allowed for succession of tenancy only once, and she herself had succeeded to that sole tenancy from her joint tenancy with her husband. "Held": The Housing Act 1985 s88 limited the number of successions to one, but could not apply to events which predated it. Therefore W's mother should not be considered a successor to the tenancy, but rather a tenant capable of succession by her offspring. The intention of s88 was to close possible loopholes within the 1980 Act, but there was no cause to apply it to events which predated that Act. Appeal dismissed.
HOUSING ACT 1980
HOUSING ACT 1985 S88
BIRMINGHAM CITY COUNCIL V WALKER
England and Wales--1543-