The WLR Daily case summaries
[2022] WLR(D) 371
King’s Bench Division
Dudley Metropolitan Borough Council v Mailley
[2022] EWHC 2328 (QB)
2022 March 29, 31; April 1; June 7; Sept 14
Cotter J
Housing— Secure tenancy— Death of tenant— Defendant’s mother taken into care home suffering from ill health and dementia— Local authority giving notice terminating mother’s secure tenancy on basis of cessation of occupation as only or principal residence— Local authority seeking possession of property after mother’s death on basis defendant having no entitlement to succeed to tenancy— Whether legislation unlawfully discriminating against defendant when compared to family members of tenants who died at home— Whether defendant having relevant status for purposes of discrimination claim— Whether legislation to be read as conferring right of succession on family members of tenants removed from their home by reason of ill health and unable to assign tenancy due to lack of capacity—
Housing Act 1985 (c 68), ss 81, 87
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Human Rights Act 1998 (c 42), ss 3, Sch 1, Pt I, arts 8, 14