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The provisions of Part IV of the Housing Act 1985 do not supersede the common law position of a surviving joint tenant, where the surviving tenant did not occupy the property at the time of the other joint tenant's death.
25 July 2012
Lord Hope (Deputy President), Lord Walker, Lord Mance, Lord Clarke, Lord Sumption
(1) The appellant (H) was the daughter of the joint tenants of a secure tenancy over a local authority property belonging to the respondent (S). Her parents had separated some years previously and she continued to live in the house with her mother. Upon her mother's death, she claimed that her father's rights in the joint tenancy should be superseded in favour of her own under section 89 Housing Act 1985.
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