Hildebrand and Another v Moon
Language: English Series: Estates Gazette ; (1989) 37 EG 123-126(3)Publication details: 1989Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS41420 (Browse shelf(Opens below)) | 1 | Available | 30038-1001 |
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.