000			02132cab a22002775a 4500
001			L146883
008			090309e20090216xxk f v 000 0 eng d
035			_a(Sirsi) u146883
041	0		_aeng
245	0	0	_aAustin v London Borough of Southwark _h[electronic resource]
260			_c2009
520			_a[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.
590			_aKA
650	2	4	_aR(ON THE APPLICATION OF M) V SECRETARY OF STATE FOR WORK AND PENSIONS
650	2	4	_aBRENT LBC V KNIGHTLEY
650	2	4	_aKNOWSLEY HOUSING TRUST V WHITE
650	2	4	_aKAY V LAMBETH LBC
650	2	4	_aEUROPEAN CONVENTION ON HUMAN RIGHTS PROTOCOL 1 ARTICLE 1
650	2	4	_aCIVIL PROCEDURE RULES 1998
650	2	4	_aHOUSING ACT 1985 S87
650	2	4	_aHOUSING ACT 1985 S85
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-RESIDENTIAL PROPERTY-LEASEHOLD RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-TENANCY AGREEMENTS
856	4	0	_uhttps://www.bailii.org./ew/cases/EWCA/Civ/2009/66.html _zView the case at: www.bailii.org...
942			_n0
999			_c81315 _d81315