I assume that you were given
notice to quit but for some reason did not move out. That is because the court
has issued a warrant for possession. Before that, there must have been an order
for possession so this is obviously some way down the line. I am surprised that
the landlords solicitor has not already been chasing you for legal costs. My
suggestion would be to move out as soon as possible because you have already
incurred legal costs for which you are liable as the landlord has already
issued proceedings against you. If it proceeds to a hearing, there will be more
I will tell you the reasons.
In order to acquire any
rights by adverse possession you have two of occupied the property without
consent, not in secret, and without objection for over 10 years in the case of
registered land or 12 years with unregistered land. You admit that you were
allowed into the garage with consent and therefore adverse occupation does not
At best, you have what is
known as a "tenancy at will" which can be terminated on reasonable notice and
reasonable, after the period of time that you have been in occupation would
probably be three months.
If you have exclusive
occupation of the garage, tenancy will can actually be viewed upon by the court
as a lease and as such you are entitled to compensation for a catering provided
the landlord wants to use the property themselves or redevelop it and is not
acquired it in the last five years.
BUT, you have not paid rent
and therefore you cannot have a lease on any interpretation. Even the payment
of a nominal rent of say, 1 pound per year would have been enough to give you
some rights possibly
You have occupied on a mere
licence granted by the landlord from time to time.
This is not one that I would
be going to court on and, as I said earlier, I would have arranged to vacate
long before now.
I appreciate that this is not
the answer you wanted but there is no point in me misleading you
answer the question? Can I assist further?
don't forget to positively rate my answer service (even if it was not what you
want to hear).
If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. I
t doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
If in ratings you feel that you expected more or it only helped a little,
offline shortly until later today and will pick this up then