Press Release

HFI win important court judgement over tenancy rights

June 2009

Homes for Islington (HFI) have successfully obtained a possession order against Linda Freeman of Worthington House, N1.

Ms Freeman applied to succeed to the tenancy of her father at Worthington House, following his death in June 2005.

HFI’s investigation revealed that Worthington House was not her only home. It was discovered that Ms Freeman had owned a flat in N16 since 1989 which she had been renting out since June 2005.

Ms Freeman was asked to give up the tenancy as she was not eligible to take over her father’s tenancy. She refused and HFI applied for a possession order in the County Court in September 2008.

Ms Freeman appealed against the decision. Her appeal failed following a hearing in late May with the Court of Appeal.

The court found, for the purposes of section 87 of the Housing Act 1985 that, although she was living at her father’s flat by the time of his death, she had not lived with him for the necessary period of 12 months to be entitled to assume the tenancy. The judge commented that there was nothing to show that her father’s flat and not her flat in N16 was her home.

Eamon McGoldrick, HFI’s Chief Executive said: “This result is good news for people in Islington. There is a high demand for Council housing with many people waiting for a property and the system must be fair.

“This court case sets a very clear definition of how long someone must live in a property before they are entitled to inherit the tenancy. HFI always take action on tenancies that are gained illegally.”

For media enquiries please contact James Asser in the HFI communications team on 020 7527 4379 or email james.asser@homesforislington.org.uk

Notes to editors:

1. Homes for Islington, one of the UK’s largest arms length management organisations (ALMO), which began operations in April 2004, is charged with managing council housing stock throughout the borough. It is owned by Islington Council and managed by a Board of Directors, made up of Islington tenants and leaseholders, council representatives and independent members.