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Also, in a joined appeal referred to as Antoniades v Villiers, [5] a case concerning a self-contained flat, the agreement expressly denied that the occupier had exclusive possession, and expressly provided for the owner to allow others to share the premises. The House of Lords decided that as the flat was in reality too small to accommodate ...
A 22 + 1 ⁄ 2 hours-per-day "licence" was held to be a lease; with exclusive possession of room, with a lock. The judgment expressed an intention-based test where the live-in landlord acts as the keyholder, giving examples as to where exclusive possession is not being denied as part of the living arrangements by the landlord retaining the keys.
Gladstone v Bower [1960] 2 QB 384 was a 1959 case in the English Court of Appeal, concerning security of tenure in tenancies of agricultural holdings. It arose from what was then thought to be a lacuna in the Agricultural Holdings Act 1948 .
This landlord didn’t pay up, so his properties are getting auctioned of, including a Brookside strip center, a 50,000-square-foot historic midtown building, several homes and two storefronts.
On appeal, the Grand Chamber subsequently held that although there was an interference with Convention rights, it was a proportionate and thus permissible interference; see J. A. Pye (Oxford) Ltd and Another v United Kingdom (2007) 46 EHRR 1083. English law on adverse possession was therefore human-rights compliant.
The result is that in my opinion the appeal should be dismissed and no order for possession should be made. I come to this conclusion on a different ground from that reached by the learned Judge, but it is always open to a respondent to support the judgment on any ground. [1] Hodson LJ gave a short concurring judgment.
On that date the landlord took possession of the premises and attempted to find a new tenant. At trial the landlord claimed damages suffered for rescission but more importantly, also for prospective loss resulting from the respondent's failure to carry on a supermarket business in the shopping centre for the full term of the lease. [2]
The judgment of the Court of Appeal in Ropaigealach may no longer be regarded as good law. An academic practitioner has devoted an article in a land law journal explaining that in a county court action his client-borrowers had, since 1998, sued their mortgagee (secured lender) who have exercised their purported rights to sell their home without ...