CA-2024-002756 - [2025] EWCA Civ 1038

The issue on this appeal is whether Ms Abdelrahman is entitled to succeed to a secure tenancy granted to Mr Seales. Her mother was in an intimate relationship with Mr Seales, but they never married or entered into a civil partnership. Whether Ms Abdelrahman is entitled to succeed to Mr Seales’ tenancy depends on the meaning of “stepchild” in Islington LBC’s policy on succession to secure tenancies. HHJ Bloom held that it meant a child of a person’s spouse by previous marriage or civil partnership. On the basis of that interpretation Ms Abdelrahman fell outside the scope of the policy.

Ms Abdelrahman also argued that interpreted in that way, the policy unlawfully discriminated against her; and should be “read down” in accordance with section 3 of the Human Rights Act 1998. HHJ Bloom decided that any difference in treatment between Ms Abdelrahman and a person who fell within the term “stepchild” in the policy was a proportionate means of pursuing a legitimate aim. There was, therefore, no unlawful discrimination.

The judge therefore made an order for possession; but granted permission to appeal.