The WLR Daily case summaries
[2023] WLR(D) 443
Court of Appeal
Dudley Metropolitan Council v Mailley
[2023] EWCA Civ 1246
2023 Oct 11; 27
Baker, Simler, Elisabeth Laing LJJ
Housing— Secure tenancy— Death of tenant— Defendant living in house let to her mother under secure tenancy— Local authority terminating tenancy after mother moving permanently to care home with dementia— Defendant consequently unable to succeed to tenancy on mother’s death— 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—
Housing Act 1985 (c 68), s 81, 87, 91
—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14