UK Property Law
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Hello, I am Law Denning and I am a practising solicitor in a HighStreet practice. I have been an expert on this website in UK law since 2008.During that time, as you appreciate, I have answered thousands of questionsfrom satisfied users on a variety of subjects.
Because we are all in practice with clients and court and otherusers, I might not always respond inminutes, particularly evenings and weekends. Please bear with me in thatcaseIt is my pleasure to try and assist you with this today. Please bear with mewhile I gather some further information from you in order for me to be able toadvise you fully.
Unless I have all the facts that I need, my answerwould not be accurate.
the court has issued a warrant for possession . The eviction is due to take place on June 24th. Claim number 2BR01450 Warrant number B0000363. The garage is part of the Alexandra public house SE20 7JH. We have electricity and utility bills going back to 1989 but none of the 3 owners over the period of these years has asked for rent.
I assume that you were givennotice to quit but for some reason did not move out. That is because the courthas issued a warrant for possession. Before that, there must have been an orderfor possession so this is obviously some way down the line. I am surprised thatthe landlords solicitor has not already been chasing you for legal costs. Mysuggestion would be to move out as soon as possible because you have alreadyincurred legal costs for which you are liable as the landlord has alreadyissued proceedings against you. If it proceeds to a hearing, there will be morecosts.
I will tell you the reasons.
In order to acquire anyrights by adverse possession you have two of occupied the property withoutconsent, not in secret, and without objection for over 10 years in the case ofregistered land or 12 years with unregistered land. You admit that you wereallowed into the garage with consent and therefore adverse occupation does notoccur.
At best, you have what isknown as a "tenancy at will" which can be terminated on reasonable notice andreasonable, after the period of time that you have been in occupation wouldprobably be three months.
If you have exclusiveoccupation of the garage, tenancy will can actually be viewed upon by the courtas a lease and as such you are entitled to compensation for a catering providedthe landlord wants to use the property themselves or redevelop it and is notacquired it in the last five years.
BUT, you have not paid rentand therefore you cannot have a lease on any interpretation. Even the paymentof a nominal rent of say, 1 pound per year would have been enough to give yousome rights possibly
You have occupied on a merelicence granted by the landlord from time to time.
This is not one that I wouldbe going to court on and, as I said earlier, I would have arranged to vacatelong before now.
I appreciate that this is notthe answer you wanted but there is no point in me misleading you
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