Rahimi (2nd defendant/appellant) v City of Westminster Council (claimant/respondent)
Thursday 18 January 2024
The appeal raises issues of principle concerning the implied surrender of tenancies following the departure of one of two joint tenants.
D2 appeals against the order made by Lane J dated 9 March 2023 allowing D1’s appeal from the order made by HHJ Hellman dismissing C’s claim for possession and declaring that D2 had succeeded to a secure tenancy of the property. Lane J proceeded to make a possession order.
HHJ Hellman had held that the joint secure tenancy of D1 and his spouse had been surrendered by way of operation of law and C had granted a fresh tenancy to D1’s spouse on a sole basis.
As a result D2 (grandson of D1’s spouse) was found to have succeeded to the tenancy on the death of D1’s spouse , under s 87 Housing Act 1985. The C’s claim for possession ,which was based on the service of a notice to quit on D1 on the ground that he was not occupying the property as his only or principal home was dismissed.
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