Did You See? You May Have Missed' Westminster City Council v Kazam & Power V Shah

Published date13 April 2023
Subject MatterLitigation, Mediation & Arbitration, Real Estate and Construction, Arbitration & Dispute Resolution, Landlord & Tenant - Leases
Law FirmGatehouse Chambers
AuthorMs Lina Mattsson
topicCivil Procedure,Real Estate

Westminster City Council v Kazam [2023] 3 WLUK 312, 9 March 2023

Surrender of joint tenancy-unequivocal acts- possession- succession

The facts

Westminster City Council appealed against a decision dismissing its claim for possession against D1 and D2. In 2005, the Council had granted a joint secure tenancy to D1 and his wife (X). Their relationship ended and D1 left the property in 2011. A community project applied to the Council's homeless unit on D1's behalf and D1 was rehoused shortly thereafter. Once D1 had been rehoused, the Council's officer filled out an 'Amendment to Housing Tenancy Details form' requesting that D1 be removed from the rent account in respect of the property.

In 2017, D2 moved into the property to live with X, his grandmother...

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