The defendant occupied property belonging to the claimant. An order for immediate possession had been granted in January. The defendant now said that part of the order was been made without jurisdiction.
Held: Though he occupied the property as a licensee only of the claimant, that licence had been granted against the promise of the defendant to repair and insure the property. It had been granted for ‘money or money’s worth’. That made the defendant and his family lawful occupiers of the property even after the licence was terminated, and that he had the protection of the 1977 Act, and that he could only be evicted by means of a court order. The order made in January had been to that extent made without jurisdiction, and the writ for possession was revoked.
Judges:
Briggs J
Citations:
[2007] EWHC 1088 (Ch), Times 26-Jun-2007
Links:
Statutes:
Civil Procedure Rules 3.1(7), Protection from Eviction Act 1977 3A(7)(b)
Jurisdiction:
England and Wales
Citing:
See Also – Polarpark Enterprises Inc v Allason ChD 22-Jan-2007
The defendant occupied the claimant’s property as a residence under a license. The claimant had sought immediate possession. The defendant claimed that he either owned it, had a claim in adverse possession, or a license and the right to protection . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 11 July 2022; Ref: scu.252308