Islington Town Hall

A WOMAN has lost a High Court appeal brought against the Town Hall for refusing to let her live in her late step-father’s council flat.

The definition of what “step” means in family relationships was closely examined because the man who had died was not married to the woman’s mother.

Even though she argued that she was close to him and saw their relationship as a stepfather-stepdaughter bond, Islington’s housing team said the flat would go to someone else and that she was not entitled to “statutory succession”.

The final verdict in the case was published this week – an outcome which, along with inheritance tax breaks, is another pressure on couples to get hitched even if marriage was not in their plans.

The council tenant had lived in the flat for six years until his death in March 2021.

“Her evidence was that from about 2011, when she was 13 [the deceased] became what she considered to be her father figure. She moved into the property to live with him in 2018, and remained living with him until his death, latterly as his carer,” said Lord Justice Sir Kim Lewison.

“Her evidence was that he treated her as his daughter. There was also other evidence that they had a loving and caring relationship, analogous to that of stepfather and stepdaughter.”

But the hearing heard of the need for a “vital piece of paper” – a certificate of marriage, or a civil partnership.

Dictionaries were consulted for an agreed definition of stepchild.

“There have been a number of cases in which it has been argued that where a person is not entitled to succeed to a tenancy their convention rights have been infringed. None has so far succeeded. This is another such case,” said Lord Justice Lewison, dismissing the appeal, following a hearing at the Royal Courts of Justice in July.

Lord Justice Nugee was also on the panel hearing the case.

Amid a shortage of available homes and long waiting lists running to thousands, Islington keeps a strict policy on allocations.

Not the case in this example, but UK case law also rules that foster children are not counted as a child for the purposes of council flat succession.