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