Court of Appeal rules against twin sisters over occupation of council flat

Twins who did not occupy a council flat as their main residence were not entitled to remain there having built up substantial rent arrears, the Court of Appeal has said.

Evelyn and Elaine Dove were joint tenants of a London Borough of Havering flat but both were in decades-long relationships with men elsewhere in London and spent the bulk of their time elsewhere, the court heard.

Lewison LJ said the issue was whether at least one of the women occupied the flat as her only or principal home at the time when Havering’s notice to quit would otherwise have taken effect.

He found in Dove v London Borough of Havering [2017] EWCA Civ 156 that HHJ Bailey’s had looked at evidence in the round and his findings of fact when the case was first heard were “clear to the effect that neither of them was.

“As I have said, each of them had a settled way of life and there was no suggestion that it would change in the future.”

The judge added: “In my judgment on the facts that he found the judge was entitled to conclude that neither Ms Elaine Dove nor Ms Evelyn Dove was occupying the flat as her principal home when the notice to quit was served and took effect.

“Neither, therefore, was a secure tenant. It follows that Havering was entitled to possession without the need to prove a statutory ground. I would dismiss the appeal.”

Mark Smulian