| 000 | 01880cab a2200253 4500 | ||
|---|---|---|---|
| 001 | ##L134031 | ||
| 008 | 060704n2006 000 0 eng u | ||
| 035 | _a(Sirsi) u134031 | ||
| 041 | 0 | _aeng | |
| 245 | 0 | 0 | _aPaul Walker v Birmingham City Council |
| 260 | _c2006 | ||
| 520 | _a[2006] EWCA Civ 815, 22 June 2006. Considers the rules of succession relating to the Housing Act 1985 s88. Appeal by W against a decision that he was not entitled to succeed to a secure tenancy on the death of his mother. B had let a property on a contractual joint tenancy basis to W's parents and on W's father's death W's mother became the sole contractual tenant by right of survivorship. Her tenancy became a secure tenancy under the Housing Act 1980 whose provisions became consolidated into the Housing Act 1985. B sought possession after the mother's death contending that W could not succeed to the secure tenancy because his mother had already been a successor within s88(1)(b) of the 1985 Act. "Held": appeal allowed. W's mother had become the sole tenant on her husband's death but was not a successor within s88 of the 1985 Act so as to prevent W from succeeding her under a secure tenancy. No provision of the relevant legislation treated retrospectively either the joint tenancy or the survivor's sole tenancy as a secure tenancy before the 1980 Act came into force. | ||
| 590 | _aIKA040706 | ||
| 650 | 2 | 4 | _aWALKER V BIRMINGHAM CITY COUNCIL |
| 650 | 2 | 4 | _aHARROW LBC V TONGE |
| 650 | 2 | 4 | _aHOUSING ACT 1985 S88 |
| 650 | 2 | 4 | _aBASSETLAW DC V RENSHAW |
| 650 | 2 | 4 | _aHOUSING ACT 1980 |
| 650 | 2 | 4 | _aHOUSING ACT 1985 S88(1)(B) |
| 651 | 4 |
_aEngland and Wales _y1543- |
|
| 690 | _aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT | ||
| 856 | 4 | 0 |
_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2006/815.html _zView the judgment free of charge at www.bailii.org... |
| 942 | _n0 | ||
| 999 |
_c77337 _d77337 |
||