Dudley Metropolitan Borough Council v Mailley

Subject Matter

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 87 — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14

[2022] EWHC 2328 (KB); [2022] 1 WLR 5394; [2022] WLR(D) 371, QBD

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 — Whether defendant having relevant “status” for purposes of discrimination claim — Housing Act 1985 (c 68), ss 81, 87, 91 — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14

[2023] EWCA Civ 1246; [2024] 1 WLR 1837; [2023] WLR(D) 443, CA

Appellate History

Commentary

Nearly Legal
Residential care, succession and human rights incompatibility Case comment

Local Government Lawyer
Council secures possession in case concerning effect of time spent in residential care by person with no mental capacity and whether it should deprive family member of right to succeed Case comment

Nearly Legal
Failed succession, residential care and human rights incompatibility Case comment

Local Government Lawyer
Arguing incompatibility Case comment