Katie-Leigh Webb-Harnden v London Borough of Waltham Forest
[2023] EWCA Civ 992
Dudley Metropolitan Council v Marilyn Mailley
27 October 2023
[2023] EWCA Civ 1246
Court of Appeal
Marilyn's mom lost her council house tenancy because she went to a care home. Marilyn argued this was unfair, but the court said the rules are there to make things clear and because council houses are scarce. Marilyn lost her case.
Key Facts
- •Marilyn Mailley (appellant) lived with her mother, Dorothy Mailley, in a council property.
- •Dorothy Mailley moved to a care home in 2016 and died in 2018.
- •Marilyn Mailley's tenancy ended after her mother moved to the care home.
- •The council sought possession of the property.
- •Marilyn Mailley argued that the Housing Act 1985 discriminated against her.
- •She claimed that if her mother had died at home or retained capacity to assign the tenancy, she would have been entitled to succeed to the tenancy.
Legal Principles
Direct discrimination under Article 14 of the European Convention on Human Rights requires a comparison with a person in an analogous situation.
R (Stott) v Secretary of State for Justice [2018] UKSC 59
A secure tenancy under the Housing Act 1985 requires the tenant to occupy the dwelling as their only or principal home.
Housing Act 1985, section 81
Rights of succession to secure tenancies are governed by the Housing Act 1985, section 87.
Housing Act 1985, section 87
Assignment of secure tenancies is generally prohibited except in specific circumstances under the Housing Act 1985, section 91.
Housing Act 1985, section 91
Capacity is not a sound basis for an Article 14 status due to its inherent uncertainty.
MOC (by his litigation friend, MG) v Secretary of State [2022] EWCA Civ 1
Outcomes
Appeal dismissed.
The court found no direct discrimination. The appellant's situation was not analogous to the comparators. The legislation's restrictions on succession were justified to maintain certainty and manage scarce housing resources.