Keelwalk Properties Ltd v Betty Waller and Another: CA 30 Jul 2002

The claimant appealed refusal of its claim for possession against the respondents, occupiers of single-storey wooden bungalows on its land. The leases had expired. The defendants said the structures were their own, and not subject to the lease, and an order would infringe their human rights. They also claimed an estoppel based on reassurances given by a former landowner. The new landowner would only grant new leases at a higher rent. The bungalows were not occupied as residences.
Held: A long-standing practice cannot in itself justify an expectation that the practice will continue in perpetuity. No estoppel arose. The Human Rights claim had not been pursued, and the owners were not secure tenants entitled to new leases. The appeal was granted.
The Vice-Chancellor, Lord Justice Jonathan Parker, Lord Justice Rix
[2002] EWCA Civ 1076, [2002] 3 EGLR 79
Bailii
England and Wales
Citing:
CitedElitestone Ltd v Morris and Another HL 1-May-1997
The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977.
Held: The tenants’ . .
CitedIn re Basham dec’d; Basham v Basham 1986
The claimant and her husband had helped her mother and her stepfather throughout the claimant’s adult life. She received no remuneration but understood that she would inherit her stepfather’s property when he died. After her mother’s death and until . .

Cited by:
CitedParker v Parker ChD 24-Jul-2003
Lord Macclesfield claimed a right to occupy a castle. The owners claimed that he had only a mere tenancy at will. The exact rooms in the castle which had been occupied had varied over time.
Held: The applicant was entitled to reasonable . .

These lists may be incomplete.
Updated: 04 March 2021; Ref: scu.174436