The monthly round-up from the Anthony Collins Solicitors charities team.
The County Court at Bristol held in Camelot v Greg Roynon  that a tenancy had been granted.
The judgment looked carefully at whether ‘exclusive possession’ was given in the agreement and the reality of the situation on the ground. There was no clause in the agreement that enabled Camelot to move a guardian from room to room or that required a guardian to allow Camelot staff into their room. The guardians had never been asked to move rooms in three years, and approximately monthly inspections were actually just visual inspections from standing in the doorway.
A County Court case is, of course, not binding, but only persuasive on other courts. However, this was a significant case that was fully argued on this specific issue. The Judgment is available to read here.
RPs should check their own contracts with property guardian companies and the licences they issue. More importantly, they should seek assurance that the guardian companies are acting in practice as if the occupiers are licensees, rather than tenants, as this is the point on which Camelot lost the case.
If the occupiers are, in the worst case scenario, deemed to be assured shorthold tenants, then a section 21 notice can be served and possession proceedings issued if needed. However, this causes at least a three-month delay. The costs of having to take possession action should be recoverable from the guardian property company under your contracts.
For more information
If you would like us to review your contracts and the licence agreements in use, or for more information on property guardians, please contact Helen Tucker.
In this ebriefing, we identify what we see as the key messages arising from recent prosecutions in the care and housing sectors.
A recent High Court case on costs could prove essential reading for clients who have cases in the magistrates' courts.
The employment and pensions team offer practical advice on whistleblowing.
Partners, David Alcock and Sarah Patrice, have been involved in reviewing the new Code of Governance for community-led housing, published on 21 May 2021 by the Confederation for Coop Housing.
Following the eviction ban being lifted on 31 May 2021 and further to our previous ebriefing, the new notice of seeking possession forms are now available on the Government website as Word versions.
The European Court of Justice's standpoint on the Wiener Wohnen landowning developer case, and how the level of influence over the work did not amount to a decisive influence.
The Law Commission's Technical Issues in Charity Law report revealed that many charities struggle with a range of technical issue in the law.
The Law Commission recommended four key changes to the law in respect of mergers and the incorporation of charities which we have detailed in this ebriefing.
Over the last few weeks, we have published individual ebriefings on some of the key changes to be implemented following the Government’s response to the Law Commission’s report.
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