000 01527cab a2200217 4500
001 ABS41420
008 090401t1989 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u30038
041 _aeng
245 _aHildebrand and Another v Moon
260 _c1989
350 _a0
490 _aEstates Gazette
_v(1989) 37 EG 123-126(3)
520 _aCA 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.
650 _aRENT ACT 1977 SCH 1
650 _aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
650 _aSWANBRAE LTD V ELLIOTT
690 _aLANDLORD AND TENANT-CASE LAW-RESIDENTIAL TENANCIES
942 _n0
948 _c04/03/1997
999 _c20221
_d20221