Amicus Horizon Ltd v Mabbot & Anor [2012] EWCA Civ 895 (30 May 2012)

Amicus Horizon Ltd v Mabbot & Anor [2012] EWCA Civ 895 (30 May 2012)

The appellant failed to discharge the burden of proof that he and Miss Mabbott were living together as husband and wife in a relationship of mutual lifetime commitment, openly and unequivocally displayed to the outside world, as required by section 17 of the Housing Act 1988. The evidence showed a close and lasting relationship but not one amounting to living together as husband and wife. Consequently, the appeal was dismissed.

Citation
[2012] EWCA Civ 895
Parties
Appellant: Amicus Horizon Ltd; Respondents: The Estate of Miss Judy Mabbott (Deceased) & Anr
Jurisdiction
England and Wales
Judgment Date
30 May 2012
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Succession to Tenancy, Assured Periodic Tenancy, Definition of Spouse, Burden of Proof, Principal Home Requirement
Housing Law Landlord and Tenant Law Succession Law Succession to Tenancy Assured Periodic Tenancy Definition of Spouse Burden of Proof Principal Home Requirement

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Parties

Amicus Horizon Ltd

Appellant

The Estate of Miss Judy Mabbott (Deceased) & Anr

Respondents

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellant was living with the deceased as her husband within the meaning of section 17 of the Housing Act 1988
  2. 2 Whether the appellant was occupying the flat as his only or principal home immediately before the tenant's death

Ratio Decidendi

The appellant failed to discharge the burden of proof that he and Miss Mabbott were living together as husband and wife in a relationship of mutual lifetime commitment, openly and unequivocally displayed to the outside world, as required by section 17 of the Housing Act 1988. The evidence showed a close and lasting relationship but not one amounting to living together as husband and wife. Consequently, the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Application dismissed