Recent Case Law - Housing

Leicester CC-v-Shearer 2013 (EWCA) Civ1467 (if you have been affected recently by loss of accommodation following the death of a family member then you may wish to take onboard the outcome of this particular case). 

The Defendant’s husband had been a Council tenant in succession to his mother. This means that when his mother died he was able to take on the tenancy with the consent of the Local Authority.  When he died there could be no further succession. Once the Defendant’s husband died the Council sought possession of the property and they wanted to evict the Defendant and their children. 

The Defendant correctly defended indicating that the decision to seek possession had been unlawful because the Council had failed to consider granting a new tenancy of the house as a “direct let” under the Exceptional Circumstances Act “provision in its housing allocation scheme”.  The Council argued that the Defendant had not made a formal application complying with its scheme.  The possession claim was dismissed.  The Council appealed to the Court of Law but this was also dismissed.  The Council had acted unlawfully when commencing possession proceedings against the Defendant without giving any or any proper consideration to the option of making a direct let.  

If you have been affected or are currently being threatened with possession proceedings as a result of succession then please do not hesitate to contact us for further advice. 

01978 291000 - 01244 312166 - 01492 641222

Alison Stace is a director of Allington Hughes and also head of the Housing department