- Second successions to secure tenancies are prohibited (Simawi v Mayor and Burgesses of the London Borough of Haringey)
- What are the practical implications of this case?
- What was the background?
- What else did the court decide?
Local Government analysis: There is only one right of succession to a secure tenancy. The Housing Act 1985 (HA 1985) treats survivorship ie where one of joint tenants becomes a sole tenant, as a succession. However, HA 1985 excludes the transfer of a tenancy by court order under the Matrimonial Causes Act 1973, from being a succession. This can result in a difference in treatment between a person whose parents’ marriage (and joint tenancy) ended when one of them died and a person whose parents’ marriage ended in divorce. The Court of Appeal held that the statutory provisions governing succession to secure tenancies did not unlawfully discriminate against the appellant on account of his status. Nick Grundy QC and Sam Phillips, both of Five Paper, consider the judgment.
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