Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
How will the courts approach a social housing landlord’s discretion to allocate accommodation on second successions under Part 6 of the Housing Act 1996 (HA 1996)? Legal analysis on proportionality and second succession claims to property from the Holley and another v London Borough of Hillingdon  EWCA Civ 1052) case.Toby Vanhegan and Riccardo Calzavara of Arden Chambers, say that in a proportionality assessment under article 8 of the European Convention on Human Rights (ECHR), a long period of residence is of little consequence.
Lexis®PSL subscribers can enjoy expert guidance by accessing some of the links below. If you are not a subscriber, you can take a free Lexis®PSL Property trial here.
This was a possession claim. The appellant was, together with his brother, the occupier of 46 Westwood Close, London HA4 7RE (the property) which was a three-bedroom house. His grandmother had been granted a secure tenancy of the property and, on her
death, the appellant’s grandmother's husband succeeded to it. When the husband died, the appellant was unable to succeed because he would have been a second successor. The appellant applied for a discretionary tenancy but this was refused by
the respondents because he was not old enough to qualify under their policy.
The respondents sought possession. The appellant defended the claim on the basis that the respondents’ second succession policy was discriminatory on the grounds of age and had, in any event, not been properly applied to his case. He also relied
upon ECHR, art 8. The case was listed for a summary determination. At that hearing, HHJ Karp sitting at the county court at Willesden, granted a possession order.
The appellant appealed on two grounds. First, the judge was wrong not to have taken account of his length of occupation of the property when deciding his ECHR, art 8 defence. Second, the respondents’ policy on second successions was unduly rigid
because of the age requirement, and this unlawfully fettered their discretion to allocate accommodation under
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234