We were instructed in October 2020 after BC received a Notice to Quit from Lambeth Council at her mother’s council flat where she was living. The Council alleged that BC was an unauthorised occupier and not entitled to succeed her mother’s tenancy.
BC lived at the property with her mother from 2002. In 2011, BC moved out with her son and found rented accommodation which she rented until July 2019. Her mother’s health deteriorated in 2018 and BC returned to the property to look after her mother full time. By late 2018, BC had moved most of her belongings to her mother’s home.
In April 2020 BC’s mother died from COVID. BC applied to Lambeth Council to succeed her mother’s tenancy. The Council refused and gave her just 3 days to appeal. Refusing an appeal out of time Lambeth Council started possession proceedings against BC in April 2022.
The matter came to trial six months later in November 2022. BC needed to prove (1) the property was her only or principal home and (2) she was residing there for 12 months prior to her mother’s death. The Council alleged she only moved into the property after she was evicted from her rented accommodation, 3 months short of the required 12 month period. BC’s case was that she had been residing at the property full time since October 2018.
The judge considered the documentary and witness evidence of both parties and found in BC’s favour. The judge dismissed the possession proceedings.
Susan Gronbach from the Housing Team was the solicitor and BC was represented at trial by Connor Johnston of Garden Court Chambers.
