Solihull Metropolitan Borough Council v Hickin

Subject Matter

HOUSING — Secure tenancy — Death of tenant — Local housing authority granting periodic tenancy to husband and wife as joint tenants — Husband subsequently leaving property while wife and daughter continuing to reside in it as only and main residence — On wife’s death authority serving notice to quit on husband as surviving sole tenant and claiming possession against daughter — Whether wife’s death giving daughter statutory right to succeed to tenancy — Whether authority entitled to possession — Housing Act 1985 (as amended by Housing Act 1996, ss 141(1), 222, Sch 14, para 1, Sch 18, para 10 and Civil Partnership Act 2004, ss 81, 261(4), Sch 8, paras 20, 21(2), 22(2)(3), Sch 30, para 1) ss 87, 88(1), 89

[2010] 1 WLR 2254; [2012] 1 WLR 2295 ; [2011] PTSR 103 {0} {1} ; [2012] PTSR 1272

Appellate History