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

Islington’s policy is based on the provisions relating to the right to succeed contained in sections 87 and 113 of the 1985 Act, even though they no longer apply to tenancies granted after 1 April 2012. Section 87 limited the right to succeed to a person’s spouse or civil partner or to a member of the tenant’s family (as defined by section 113) who had resided with the tenant throughout the period of 12 months ending with the tenant’s death.

Section 113 relevantly provides:

“(1)

A person is a member of another’s family within the meaning of this Part if—

(a)

he is the spouse or civil partner of that person, or he and that person live together as if they were a married couple or civil partners, or

(b)

he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2)

For the purpose of subsection (1)(b)—

(a)

a relationship by marriage or civil partnership shall be treated as a relationship by blood,

(b)

a relationship of the half-blood shall be treated as a relationship of the whole blood,

(c)

the stepchild of a person shall be treated as his child, and

(d)

an illegitimate child shall be treated as the legitimate child of his mother and reputed father.”

An adopted child is treated in law as if born as the child of the adopter or adopters: Adoption and Children Act 2002, section 67 (1).

It will be seen that both section 113 and the policy refer to a person’s “stepchild”.