Reading:In Fitzpatrick v. Sterling Housing Association Ltd [1999] 2 FLR 1027, the question was whether Mr Fitzpatrick who had lived with his male partner in a stable and long-lasting relationship should be entitled on his partner's death to succeed to a protected tenancy under the Rent Act 1977. The House of Lords held by a majority of 3 to 2 that he was entitled to succeed to the tenancy as the word 'family' in para. 3(1) of Sched. 1 to the Act could be interpreted flexibly to include the same-sex partner of the tenant's family. It was held that the word 'family' involved a relationship where there was a degree of mutual interdependence, the sharing of lives, caring and love, commitment and support. On the facts, Mr Fitzpatrick had been a member of the deceased's 'family' and was therefore entitled to succeed to the tenancy. Despite finding in Mr Fitzpatrick's favour, however, the House of Lords was unwilling to interpret 'living with the original tenant as his or her wife or husband' (in para. 2(2)) to include a homosexual partnership. It also stressed that its decision was strictly limited to the interpretation of the Rent Act, and that it was not a case which gave homosexuals rights more generally.
| Civil Partnership Act 2004, section 3 Two people are not eligible to register as civil partners of each other if - (a) they are not of the same sex, (b) either of them is already a civil partner or lawfully married, (c) either of them is under 16, or (d) they are within prohibited degrees of relationship. |