Reclaiming a property on behalf of a Local Authority

Lavinia represented the Local Authority in their claim for possession of a property.

The property was originally let to Mr and Mrs X. Upon Mr X’s death, Mrs X succeeded to the tenancy. Mrs X subsequently died, leaving her son, the Defendant, in the property.

The Defendant claimed that, due to disability and the amount of work he had completed on the property, he should be entitled to stay.

Lavinia highlighted to the District Judge that as this was a Local Authority house there was no right to succeed to the tenancy again. The District Judge was very sympathetic to the Defendant and attempted to adjourn the case to allow him more time.

Lavinia was successful in claiming possession of the property on behalf of her client. The District Judge accepted her submissions that adjourning the case would not be beneficial to either party nor in line with the overriding objective.