A long-term council tenant client instructed Samuel Okoronkwo Jr. to provide legal advice in relation to a housing dispute with the local authority. The client had resided at a council property in West London since 2000, following the deaths of her parents, who had been the original tenants since 1981.
In December 2023, the client received a Notice to Quit from the local authority, which cited statutory limitations on tenancy succession under Section 86A of the Housing Act 1985 and Section 131 of the Housing Act 1996. As the tenancy had already been succeeded once, the client was not eligible for further succession rights. The possibility of claiming adverse possession was explored, but issues surrounding exclusive possession and implied permission, particularly rent payments made in the name of the original tenant, significantly weakened the claim.
Samuel Jr. provided general advice on the legal framework governing tenancy succession and adverse possession, including the statutory limitations and evidentiary requirements. Counsel advised against pursuing legal action due to the low prospects of success and the potential financial implications. The client has since engaged with the local authority and is in the process of completing a relocation form. The matter highlights the importance of early legal intervention in housing disputes involving succession complexities.
Call us – Mon-Fri 8:30am – 6:30pm
+44 (0) 20 3034 0077
By submitting this form, I accept this website’s Privacy Policy