LB Lambeth V Fuller-Wright & McIntosh

01 Jan 2018


Shomik acted for the council in bringing a possession claim based on under-occupancy after succession (Ground 16). The legal position was complicated by the tenant being a minor at the date of succession and so having a trustee. The official solicitor was originally appointed as litigation friend, but came off the record as the tenant reached her majority in the course of the proceedings. The Court accepted LBL’s submissions that:

(a) the equitable tenancy vested in the successor upon succession;

(b) the legal tenancy vested in the Public Trustee as the deceased was intestate;

(c) the equitable tenancy could be determined by the Court as the successor was under-occupying, a notice seeking possession had been served within the relevant time limits and suitable alternative accommodation was available;

(d) the legal tenancy was determined by service of a notice to quit upon the Public Trustee.

Accordingly, a possession order was made.