Dudley Metropolitan Borough Council v Marilyn Mailley

Dudley Metropolitan Borough Council v Marilyn Mailley

The Defendant was not entitled to succeed to her mother's tenancy as Mrs Dorothy Mailley ceased to occupy the property as her only or principal home before death, ending the secure tenancy. The Claimant did not breach its lettings policy in a manner sufficient to defeat the possession claim, and eviction is proportionate under Article 8 ECHR given the dire shortage of family accommodation, the Defendant's under-occupation, and the reasonable likelihood of beneficial effects from relocation. Section 87 Housing Act 1985 is not incompatible with Article 14 ECHR as the status relied upon is insufficiently certain and the situations are not analogous; the statutory scheme is justified and...

Parties
Claimant: Dudley Metropolitan Borough Council; Defendant: Marilyn Mailley
Jurisdiction
England and Wales
Judgment Date
14 September 2022
Procedural Posture
Possession Claim / Final Judgment
Outcome
Claim for possession succeeds; order for possession granted.
Legal Topics
Succession of Tenancy, Article 8 ECHR, Article 14 ECHR, Lettings Policy, Mental Capacity, Equality Act 2010, Hoarding Disorder
Housing Law Human Rights Law Public Law Succession of Tenancy Article 8 ECHR Article 14 ECHR Lettings Policy Mental Capacity +2 more

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Parties

Dudley Metropolitan Borough Council

Claimant

Marilyn Mailley

Defendant

Procedural Posture

Possession Claim / Final Judgment

Legal Issues

  1. 1 Whether the Defendant is entitled to succeed to her mother's secure tenancy under Section 87 Housing Act 1985
  2. 2 Whether the Claimant breached its own lettings policy by failing to offer a review
  3. 3 Whether eviction would breach Article 8 ECHR due to Defendant's mental health and length of occupation

Ratio Decidendi

The Defendant was not entitled to succeed to her mother's tenancy as Mrs Dorothy Mailley ceased to occupy the property as her only or principal home before death, ending the secure tenancy. The Claimant did not breach its lettings policy in a manner sufficient to defeat the possession claim, and eviction is proportionate under Article 8 ECHR given the dire shortage of family accommodation, the Defendant's under-occupation, and the reasonable likelihood of beneficial effects from relocation. Section 87 Housing Act 1985 is not incompatible with Article 14 ECHR as the status relied upon is insufficiently certain and the situations are not analogous; the statutory scheme is justified and...

Court Disposition

Claim for possession succeeds; order for possession granted.

Orders

  • Order for possession of 19 Uffmoor Estate, Halesowen, West Midlands B63 4JR in favour of Dudley Metropolitan Borough Council.
  • Defendant to vacate the property; suitable alternative accommodation and support to be provided by Claimant.