View source for Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB)

{{Case
|Date=2022-09-14
|NCN=[2022] EWHC 2328 (QB)
|ICLR=[2022] WLR(D) 371
|ICLR ID=2022010246
|Other citations=[2023] HLR 2, [2022] WLR 5394, [2022] 1 WLR 5394, [2022] EWHC 2328 (KB)
|Judges=Cotter
|Parties=Dudley Metropolitan Borough Council, Marilyn Mailley
|Judicial history=*[[Dudley Metropolitan Borough Council v Mailley (2023) EWCA Civ 1246]]
*[[Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB)]]
|Sentence=Possession claim
|Summary="Amongst other issues this case raises the effect of a period of time spent in residential care by a person with no mental capacity and whether it should deprive a member of the family who had resided with them at a property of their right to succeed to that property. The Claimant [council]'s case is simple. In October 2016 Mrs Dorothy Mailley, who was then resident in a care home with no prospect of return to her home, ceased to occupy No 19 as her only or principal residence. As such her tenancy ceased to be secure as the tenant condition was not satisfied. The Claimant served a notice to quit upon Mrs Dorothy Mailley at the care home and as a result her tenancy came to an end. Thereafter her daughter, the Defendant, who remained living at the property, was a trespasser, and the Claimant is entitled to possession."
|Subject=Miscellaneous cases
|News=Yes
|RSS pubdate=2023-03-13 09:22:14 PM
}}