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

Islington’s policy is broader than the statutory right to succeed. The relevant part of the policy (which is undated) states:

“The following relatives would no longer have an automatic right to succeed but the council would allow them to succeed if they have been living in the property for 12 months before the death of the tenant and the property is suitable for their housing needs (i.e. has the correct number of bedrooms) under the council’s allocations policy.

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Parent

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Grandparent

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Child

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Grandchild

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Sibling

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Uncle or Aunt

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Nephew or Niece

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A half brother or sister.

It should be noted that recent case law has decided that a foster child is not counted as a child for the purposes of succession and that only blood relations (including step-children and illegitimate children) should be considered for succession in future. This change takes effect from 1^st July 2013.”