[2007] EWCA Civ 1126, 24 October 2007. The local authority (W) appealed against a decision that the tenant (R) had legitimately succeeded to his grandfather's tenancy at the time of his death. R's grandfather was the periodic tenant of a four-bedroom house which he shared with R. Following his death, R was advised by W that the house was larger than he reasonably required and ordered to quit. However R's mother and half-sister had by then moved into the house. W argued that the correct date to assess occupancy for the purposes of the Housing Act 1985 Sch 2 Part III Ground 16 and Part IV para 1 was the date of R's grandfather's death. The judge ruled it was the date of the hearing, and W appealed. "Held": If it was to evict R the court must be convinced that suitable accommodation will be available for him. This implied that the test date should be at some point following the hearing. Accepting this, the court ruled that the test date for the constituency of R's family should be the hearing itself, and not the date of his succession to the tenancy which had already passed. Appeal dismissed.