Waltham Forest LBC v Thomas
Language: English Series: Weekly Law Reports ; (1992) 3 WLR 131-135(5)Publication details: 1992Subject(s): Summary: HL 18 June 1992 Appeal from CA decision that the council should recover possession of a council house as the defendant (T) did not qualify to succeed within s87 of Housing Act 1985 to his deceased brother`s secure tenancy as T had not resided there for the previous twelve months. The brother had obtained the tenancy ten days before his death. T had been living with him in different council premises during the twelve months ending with his death. HL held, allowing appeal, that on its true construction s87 required that a successor to a tenancy should have resided with the tenant during the twelve months ending with his death, but did not require the residence to have taken place for the whole of that period in the premises to which succession was claimed. Accordingly, T was entitled to succeed to the tenancy.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS46777 (Browse shelf(Opens below)) | 1 | Available | 59461-1001 |
HL 18 June 1992 Appeal from CA decision that the council should recover possession of a council house as the defendant (T) did not qualify to succeed within s87 of Housing Act 1985 to his deceased brother`s secure tenancy as T had not resided there for the previous twelve months. The brother had obtained the tenancy ten days before his death. T had been living with him in different council premises during the twelve months ending with his death. HL held, allowing appeal, that on its true construction s87 required that a successor to a tenancy should have resided with the tenant during the twelve months ending with his death, but did not require the residence to have taken place for the whole of that period in the premises to which succession was claimed. Accordingly, T was entitled to succeed to the tenancy.