The Court of Appeal allowed an appeal. Since October 2000, the Human Rights Act had been in force. That required legal rules about occupation of homes to be "re-read" to avoid unlawful discrimination. Discrimination on grounds of sexual orientation was unlawful. So the rule must be re-read to mean "living together as if they were" a husband and wife. On that basis, the gay partner could and did succeed to the tenancy.
Source
Housing Today
Reference
Although this is a Rent Act case, the same approach now applies (with backdated effect to 2.10.00) to succession to assured, assured shorthold, introductory and secure tenancies in the social housing sector. In the latter two categories, the couple must have been living together for at least a year.
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