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South Northamptonshire DC v Power

Language: English Series: Weekly Law Reports ; (1987) 1 WLR 1433-1442(10)Publication details: 1987Subject(s): Summary: CA 30 March 1987 After the deceased`s husband`s death she and the defendant started living together in 1982, as husband and wife in the deceased`s matrimonial home which was privately owned. In 1985 the deceased was granted a secure tenancy of premises owned by the local authority (S). The premises were senior citizen`s accommodation for a single person, but the defendant lived there without S`s knowledge. The deceased died nine months after taking up the tenancy, S applied for a possession order on the ground that the defendant was in occupation without S`s licence or consent. Cc held that the defendant was not entitled to remain in occupation as successor to the deceased under Housing Act 1980 s 30 (2) (b) by reason only of the fact that he and the deceased had lived together more than 12 months before the deceased`s death because they had lived elsewhere for part of that time. On appeal, CA held that under s 30 (2) (b) a member of the tenant`s family should have resided with the t
Holdings
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Law report London Journal article ABS38416 (Browse shelf(Opens below)) 1 Available 10409-1001

CA 30 March 1987 After the deceased`s husband`s death she and the defendant started living together in 1982, as husband and wife in the deceased`s matrimonial home which was privately owned. In 1985 the deceased was granted a secure tenancy of premises owned by the local authority (S). The premises were senior citizen`s accommodation for a single person, but the defendant lived there without S`s knowledge. The deceased died nine months after taking up the tenancy, S applied for a possession order on the ground that the defendant was in occupation without S`s licence or consent. Cc held that the defendant was not entitled to remain in occupation as successor to the deceased under Housing Act 1980 s 30 (2) (b) by reason only of the fact that he and the deceased had lived together more than 12 months before the deceased`s death because they had lived elsewhere for part of that time. On appeal, CA held that under s 30 (2) (b) a member of the tenant`s family should have resided with the t