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AUSTIN (FC) (Appellant) v SOUTHWARK LONDON BOROUGH COUNCIL (Respondent)

A former secure tenant's right under the Housing Act 1985 s.85(2)(b) to apply to postpone the date of possession, and thus revive the secure tenancy, survived his death and passed to his estate.

29 June 2010

The appellant (T) appealed against a decision ((2009) EWCA Civ 66, (2010) HLR 1) upholding a ruling rejecting his application to be appointed to represent the estate of his deceased brother (D) in possession proceedings which had been brought by the respondent local authority in 1986. D had occupied a house under a secure tenancy. An order for possession was made against him in February 1987 after he fell into arrears with his rent. The order provided that it was not to be enforced so long as he paid the arrears by March 4, 1987. D failed to comply with the terms of the order, so that on March 4 it became enforceable. However, he remained in the premises, paying rent plus amounts towards the arrears, until his death in 2005. T asserted that he had moved in to the property in 2003 to care for D. In 2006, the local authority served a notice to quit on him and issued possession proceedings against him. The issues were (i) whether, under the Housing Act 1985 s.82(2), a secure tenancy en...

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