Appeal court considers if foster children can succeed to tenancies

A man who was evicted from his long-term foster mother’s home has appealed against a decision by Sheffield Council that he has no right to the property after her death in June 2003.

Steven Wall lived with his late foster mother June Wall from the age of one in the property at Oldfield Terrace, Sheffield, and came back to live with her after university.

The court heard on Wednesday that following her death, his request to take over the secure tenancy was refused, and the Council sought and obtained a possession order against him.

Before the bailiffs could arrive to enforce the order, Mr Wall moved out, and the Council re-let the property.

However, in March 2006, Mr Wall won a Court of Appeal ruling setting aside the possession order, on the basis that Sheffield County Court was wrong to find that he had not lived there for a full 12 months prior to his foster mother’s death.

Mr Wall then launched his own possession proceedings against the new occupants.

In March last year, Judge Bullimore at the Sheffield court refused his claim, ruling that Mr Wall did not fall within the definition of ‘a member of the tenant’s family’ under sections 87 and 113 of the 1985 Housing Act.

In a written submission his lawyer, Adam Fullwood, argued: ‘The reality of this case is that Mr Wall was clearly a member of Mrs Wall’s family on any analysis.’

He argued that it is an important case which could affect many thousands of tenants.

The case is being defended by Sheffield Council and lawyers for the current tenants, who claim that the subsequent tenancy was lawfully granted at a time when Mr Wall’s rights had been extinguished, and cannot now be set aside.

The judges are expected to give their decision in writing at a later date.

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