News

Duncan Lewis Solicitors successfully defended a vulnerable woman facing eviction from her home following the death of her father. In a complex housing and public law case, the court found that the local authority had acted unlawfully and discriminated against our client, awarding her substantial damages and confirming her right to remain in the property.

Background

Our client, a young woman, had lived with her father at his council property in London since 2015. In 2022, as part of an estate regeneration scheme, her father was offered a new secure tenancy following the demolition and redevelopment of the estate.

Before the move, our client and her father sought guarantees from the Council that all rights and privileges attached to his existing tenancy would transfer to the new property. They were informed, on the phone and in writing, that his tenancy rights would remain unaffected and that the new tenancy would effectively be a ‘continuation tenancy’.

Just weeks after signing the new tenancy agreement, the client’s father contracted COVID-19 and sadly passed away in hospital. Our client, who was living at the new property, then enquired about her rights to succeed his secure tenancy.

She was informed that, as the tenancy was granted after the Localism Act 2011 (which revised and restricted the rules around succession for secure tenancies), she had no statutory right to succeed. Although she applied for discretionary succession and provided all requested information, she was served with a Notice to Quit before any decision had been made on her application.

Despite notifying the Council of her severe depression and anxiety, exacerbated by the loss of her father and the legal proceedings, she was served with several further Notices to Quit. In mid-2023, the Council issued possession proceedings.

Assistance from Duncan Lewis

In late 2023, our client approached Duncan Lewis for assistance. We filed a Defence and Counterclaim on her behalf, advancing several key arguments:

• The Council failed to act in line with its own policy; 

• No decision was made on her discretionary succession application; 

• The Council had misunderstood and misapplied the law on succession to secure tenancies; 

• A legitimate expectation had been created by the Council's assurances that tenancy rights would not be lost.

We also issued a counterclaim for disability discrimination, arguing that the Council failed to show how it had considered the impact of eviction on a vulnerable individual with complex health and support needs.

Additionally, we identified that the Council’s claim was technically defective as they had failed to name the correct Defendants in the matter.

Duncan Lewis represented the client at several hearings, and eventually made an application to strike out the Council’s claim or seek summary judgment due to these procedural defects, which the local authority were unwilling to correct.

Successful Outcome

At a hearing in April 2025, a District Judge found that the Council had acted unlawfully in its treatment of our client and that its claim was fundamentally flawed. By consent order, it was declared that our client had in fact succeeded to her late father’s tenancy. The Council also agreed to pay her substantial damages for the discrimination she suffered.

This was an outstanding outcome for our client, who retained her home and received damages for the anxiety caused by the Council’s attempts to evict her. The case raised complex public law and policy arguments, highlighting the vital importance of expert legal representation in such matters.

Legal Team

The matter was led by solicitor Richard Mahal, assisted by caseworker William Harding, under the supervision of director Manjinder Kaur Atwal. Duncan Lewis instructed Matthew Lee of Doughty Street Chambers and Jeremy Ogilvie-Harris of Cornerstone Barristers.

Duncan Lewis’ Housing Team

Duncan Lewis' Housing team, ranked by The Legal 500 UK, offers both publicly funded (legal aid) and privately funded legal services from 14 key offices nationwide. Duncan Lewis Housing Solicitors can guide clients in any matter or issues arising with local housing authorities, housing applications, tenants, landlords, ownership and repairs. With a niche expertise in unlawful eviction, disrepair and homelessness matters the team offers representation in all proceedings including reviews, appeals and judicial review proceedings.