- Second Successions?
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Posted 29.05.18
Anthony Collins Solicitors: Article link
The recent case of Haringey LBC v Simawi [2018] EWHC 290 (QB) focussed on the issue of statutory succession where one of two joint secure tenants had died, then the remaining tenant later died leaving an adult child (the Defendant) in occupation.
Upon the death of the Defendant's mother, Haringey LBC brought possession proceedings on the basis that the Defendant was unable to succeed to the tenancy as his deceased mother was herself a successor.
The Defendant claimed in his defence that the 'no second succession rule' in the Housing Act 1985 (also found in the Housing Act 1988 for assured tenants) is incompatible with Articles 8 and 14 of the Human Rights Act 1998 and is therefore unlawful.
This recent article by Rebecca Sembuuze, a solicitor at Anthony Collins, provides a useful summary of the case and highlights associated issues.
