Possession order for dwelling upheld as defendant fails to establish right to remain after tenant’s death

The High Court refused the defendant's appeal against an order for possession of a domestic dwelling, confirming that the plaintiff, as registered owner, is entitled to recover possession. The court found that the defendant, who had continued living in the premises after his mother's death, failed to establish a legal tenancy in his own right or through the estate. The court held that the protected tenancy under which the defendant's late mother occupied the property ended on her death, and did not transfer to her estate or to the defendant, nor could any new tenancy arise by agreement, implication, or operation of law on the facts. Arguments relating to the creation of a residential tenancy or entitlement to a new tenancy under other statutes were also rejected, as were claims based on substantial improvements to the property. The possession order stands, though the court was prepared to hear further from the parties as to a stay, acknowledging the defendant's long-term residence.