Survivorship and succession – Nearly-Legal

Posted September 11th, 2012 in housing, landlord & tenant, local government, news, repossession, succession by tracey

” Briefly Ms Hickin was the daughter of joint tenants of Solihull and had lived in the house since she was born. The father moved out some 9 years before. On the death of the mother, Ms Hickin sought to succeed to the tenancy under s.89 Housing Act 1985. Solihull served notice to quit on the basis that the father was now the sole tenant, by survivorship, but did not fulfil the residence requirement, so the tenancy was terminable by notice to quit and brought possession proceedings. In the Court of Appeal, Ms H argued, unsuccessfully, that s.89 overrode common law survivorship. The case then went to the Supreme Court, which was divided, finding against Ms H 3:2.”

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Nearly-Legal, 11th September 2012