When children succeed

Mrs Khanam had been a Newham tenant. She died in February 2001. Her daughter, Miss Ria, had lived with her for more than one year and therefore met the statutory condition for succeeding to the tenancy. Because Miss Ria was only 15 at the time, she could not hold a legal tenancy. The council accepted that she had inherited a secure equitable tenancy. The question was, "who held the legal tenancy?"

Fortunately, Mrs Khanam had made a will. It provided that all her goods and possessions should pass to her daughter, but to be held on trust until she reached adulthood. Mrs Khanam's sister, Mrs Hossain, was made executor and sole trustee.

The council believed that there were practical issues, especially relating to housing benefit, that needed resolution. It brought proceedings to clarify matters.

The judge and the appeal court agreed that in this situation the legal tenancy had vested, under the will, in the sister – Mrs Hossain. She held the legal tenancy on trust for Miss Ria, to whom it would pass when she became 18. Miss Ria would be the equitable tenant until then. During that time, Mrs Hossain would be the legal tenant.