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

In relation to secure tenancies in England granted after 1 April 2012 the statutory right to succeed is contained in section 86A of the Housing Act 1985. That section relevantly provides:

“(1)

A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if—

(a)

P occupies the dwelling-house as P’s only or principal home at the time of the tenant’s death, and

(b)

P is the tenant’s spouse or civil partner.

(2)

A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if—

(a)

at the time of the tenant’s death the dwelling-house is not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

(b)

an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and

(c)

P’s succession is in accordance with that term.

…

(5)

For the purposes of this section, a person who was living with the tenant as if they were a married couple or civil partners is to be treated as the tenant’s spouse or civil partner.”

It is common ground that Ms Abdelrahman does not fall within the scope of this section; and therefore, has no statutory right to succeed to the tenancy.