The council began a possession claim against the son, seeking compensation for unauthorised use of the property – a hopeless claim, because Mrs Vincent's tenancy had not ended.
The claim was amended to seek possession from Mrs Vincent for arrears accrued since her admission to hospital.
The local judge granted possession and ordered the son to pay the council compensation for "use and occupation" equal to about 22 weeks' rent.
The appeal court allowed the son's appeal. Until Mrs Vincent's tenancy was ended by the possession order, she was the person liable to pay the rent.
Her son's occupation had been as her licensee. He could have no possible liability to the council unless he continued in occupation after the possession order had ended the tenancy.
Source
Housing Today
Reference
It is not the landlord but the tenant who "authorises" others to occupy during a tenancy. If the landlord has problems with that person's occupation, the remedy is to tackle the tenant. Many landlords would have responded to this case by serving notice to quit to end Mrs Vincent's tenancy as soon as it became clear that she would not be returning.
