[2009] EWCA Civ 66, 16 February 2009. Case shows that the right to revive a secure tenancy under the Housing Act 1985 S85 cannot be transferred on the death of a former secure tenant. An appellant tenant (U) appealed against a decision that he could not revive a secure tenancy to which he would have succeeded if it had existed on the death of his brother (S), a secure tenant of the respondent local authority. U, a tolerated trespasser facing a claim for possession, on appeal from the County Court, appealed the prior judgement arguing it was not compliant with Article 1 Protocol 1 of the European Convention on Human Rights and that the right to make an application for a Lazarus order should be inheritable. Held: appeal dismissed. The law which applied where a person who had 'an interest in a claim' had died covered a right to make an application and did not cover the right to defend the possession proceedings. The right to apply was a personal right and thus not transmissible on death. Protocol 1 did not create any rights and since there was no right to apply under S85 after S's death, the protocol did not apply.