CLARION HOUSING ASSOCIATION LIMITED v LOUISE MARY CARTER (as personal representative of Agnes Monica Carter (deceased) and personally)

CLARION HOUSING ASSOCIATION LIMITED v LOUISE MARY CARTER (as personal representative of Agnes Monica Carter (deceased) and personally)

Ms Carter was entitled to enforce the contractual succession provisions as a beneficiary of a trust of the promise, having satisfied all pre-conditions. The notice to quit was validly served, but the possession claim was unlawful due to Clarion's failure to follow its own policy and the enforceable contractual rights. The Article 8 defence was not determinative.

Parties
Appellant / Claimant: Clarion Housing Association Limited; Respondent / Defendant: Louise Mary Carter (as personal representative of Agnes Monica Carter (deceased) and personally)
Jurisdiction
England and Wales
Judgment Date
08 November 2021
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Succession to Tenancy, Privity of Contract, Notice to Quit, Public Law Defence, Human Rights (article 8 Echr)
Landlord and Tenant Succession Law Contract Law Public Law Succession to Tenancy Privity of Contract Notice to Quit Public Law Defence +1 more

Case Brief

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Parties

Clarion Housing Association Limited

Appellant / Claimant

Louise Mary Carter (as personal representative of Agnes Monica Carter (deceased) and personally)

Respondent / Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Ms Carter became an assured tenant in equity on her mother's death
  2. 2 Whether Ms Carter could enforce contractual succession rights as a third party
  3. 3 Whether Ms Carter complied with the contractual conditions for succession

Ratio Decidendi

Ms Carter was entitled to enforce the contractual succession provisions as a beneficiary of a trust of the promise, having satisfied all pre-conditions. The notice to quit was validly served, but the possession claim was unlawful due to Clarion's failure to follow its own policy and the enforceable contractual rights. The Article 8 defence was not determinative.

Court Disposition

appeal dismissed

Orders

  • Ms Carter entitled to enforce contractual succession rights and succeed to the tenancy
  • Possession claim dismissed