Turley v London Borough of Wandsworth & Anor

Turley v London Borough of Wandsworth & Anor

The twelve-month condition for succession to a secure tenancy by common law spouses under the Housing Act 1985 pursues a legitimate aim of demonstrating permanence and constancy in relationships and is a proportionate means of achieving that aim. The difference in treatment between spouses and common law spouses is...

Source-derived case information.

Parties
Appellant: Susan Turley; First Respondent: London Borough of Wandsworth; Second Respondent: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
24 March 2017
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Succession to Tenancy, Secure Tenancy, European Convention on Human Rights, Discrimination, Justification, Retrospective Legislation
Housing Law Human Rights Law Discrimination Law Succession to Tenancy Secure Tenancy European Convention on Human Rights Discrimination Justification +1 more

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Parties

Susan Turley

Appellant

London Borough of Wandsworth

First Respondent

Secretary of State for Communities and Local Government

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the twelve-month condition for succession to a secure tenancy under the Housing Act 1985 constitutes unjustified discrimination against common law spouses contrary to Article 14 of the European Convention on Human Rights, read with Article 8.
  2. 2 Whether the statutory provisions can be construed to avoid breach of Convention rights or require a declaration of incompatibility.

Ratio Decidendi

The twelve-month condition for succession to a secure tenancy by common law spouses under the Housing Act 1985 pursues a legitimate aim of demonstrating permanence and constancy in relationships and is a proportionate means of achieving that aim. The difference in treatment between spouses and common law spouses is justified and not manifestly without reasonable foundation. Legislative changes do not require retrospective application, and the statutory provisions do not breach the appellant's Convention rights.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • No declaration of incompatibility is granted.