I have a client who is 15. he lives in a council property. the tenancy is in the sole name of his "aunt". he also has an "uncle" who has lived at the property for about 15 mnonths, who is not the partner of the "aunt". the "aunt" died on 14/05/04.

our housing team are attempting to obtain succession of the tenancy in the client's name, but this is likely to take a while. the "uncle" is temporarily taking responsibilty for the client, with the knowledge of social services.

the question is therefore whether he should be treated as liable for rent under Reg 6(1)(c). i would argue that he is. i expect however that the local authority would say the "uncle" should be treated as liable if anyone is, as he is the adult. i would suggest that the client has a stronger link to the property because of the succession issue and that should swing it in his favour.

any thoughts/suggestions/caselaw appreciated.

Try Kingston on Thames BC v Prince (1998) 31 HLR 794 CA .

I think its also available on the BAILLI website

Kingston and Prince is on Baillii at
http://www.bailii.org/ew/cases/EWCA/Civ/1998/1891.html

thanks for that. anything on whether it is reasonable for him to be treated as liable in these circumstances would be helpful.nothing in findlay on this point