Fitzpatrick v Sterling Housing Association Ltd: Cohabiting gay couple as a family in housing law

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​Summarised by James Li

​Background
F had lived with his partner, T, in a homosexual relationship for 18 years and sought to succeed to the residential tenancy on T's death. Under the Rent Act 1977, the right to succession upon the death of the original tenant was granted to the "surviving spouse" or "a member of the original tenant's family". Following later amendments, cohabitees were also brought under the definition of "surviving spouse" being granted the right to succeed if they could establish that they had lived with the original tenant "as his or her...wife or husband".
 
F contended that he falls within the definition of “surviving spouse” or “a member of the original tenant’s family” such that he has the right of succession.
 
Issues before the House of Lords

1. Whether F, being in a homosexual relationship with T, can be regarded as a “surviving spouse under the relevant provisions.
2. Whether F is “a member of the original tenant’s family”.

 
Decision and Reasoning

1. Persons in a same-sex relationship cannot be regarded as a “surviving spouse” under the relevant provisions. The relevant provisions of the Rent Act define the meaning of "spouse" also to include persons not legally married but who had been living with the original tenant "as his or her wife or husband". Since gender-specific words are used, connoting a relationship between a man and a woman, the relevant provisions do not apply to same-sex relationships.
2. F is “a member of the original tenant’s family”. The word “family” was left undefined in the statute in this context, and it is for the Court to attach a definition. Here, the word “family” was used because the Parliament had sought to protect from eviction those who had shared their lives with the original tenant in a single family unit. Having regard to changes in social habits and opinions on what can constitute a family, a same-sex partner of a tenant was now to be recognized as capable of being a member of the tenant's family for the purposes of the relevant provisions for succession.

 
Comments
Whilst Courts are in general reluctant to recognize homosexual partners as spouses due to it being inextricably linked to the recognition of homosexual marriage, it is great to see that Courts at least recognize homosexual relationships as a kind of companionship worthy of special protection by regarding it as a form of family ties. This recognition is very important in that homosexual partners are more likely to be eligible for various statutory protections in aspects such as succession or inheritance in the future.